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One week in Paris – 9th ICC Mediation Competition –
An unforgettable experience

We set off on our journey at the main strain station in Marburg on the 6th of February 2014. Our travel destination: the 9th ICC International Commercial Mediation Competition in Paris. For the ninth time, the International Chamber of Commerce (ICC) invited to the ‘Mediation Competition Week’, which took place from the 7th until the 12th of February 2014 in Paris. All in all, 66 universities from 33 different countries from all around the world participated and competed in the event. In the competition, our task was negotiating and mediating in simulated commercial disputes in order to find solutions for our fictitious parties. 120 highly experienced and skilled mediators shared their expertise with us and provided their support throughout the entire competition.

However, before tackling the contest, a lot of work needed to be done. That is why – together with our coach Patrik Mähling and the initiator of Marburg’s Mediation Competition team, Dr. Reinmar Wolff – we put a lot of energy into preparing intensively for the upcoming competition. In doing so, we learned more about the procedures and methods of business mediation and the numerous things that need to be taken into consideration when dealing with an alternative dispute resolution method such as mediation.

But what exactly is mediation in the first place? Mediation is a method of alternative dispute resolution, which focuses on finding peaceful means to resolve a conflict as well as to create a win-win situation for all parties involved. The cases we had to deal with during the competition were exclusively business disputes between two international parties. Those parties can be, for instance, two CEOs, who – despite good cooperation and collaboration in the past – have some major differences of opinion in regard to certain issues. These differences of views grow to become a serious problem, triggering mistrust between both parties, and creating the impression that a satisfactory solution, without any disadvantages for oneself, can only be reached by legal means. Going to court and fighting a legal dispute is, however, very time-consuming as well as costly, and could additionally affect or even damage the existing business ties. To mediate such cases and to search for sustainable solutions through mediation has increasingly become more popular in business circles – since in a best case scenario, one can dissolve the conflict altogether, and achieve an optimal result: that is a mutually satisfactory solution, which in turn can serve as a basis for the continuation of a fruitful cooperation. Although, initially, the cases seem to be quite difficult to solve, it is often possible nonetheless to reach a satisfactory solution for all parties involved – if one is willing to be open to suggestions made by the other side, and if one tries to seek for some common ground of future business relations. Furthermore, a mediator who supports both parties in the communication process and, if necessary, helps to ease up-coming tensions, is also present in these proceedings – a crucial and indispensable component for a fast as well as efficient dispute resolution.

The cases in the competition are all fictional. Nonetheless, they are as close to reality as possible. Every party that participates in the competition receives some general information for one case, which the other side will also know, as well as specific confidential information that only one party will be familiar with. In the process of disclosing and sharing important facts or points, the mediator is of particular significance, because it is her or his task to neutrally and objectively communicate the raised issues, and thus to support the parties in moving forward. In the course of the mediation it is therefore important to find and work on jointly defined common objectives that both parties are satisfied with. However, it is unfortunately common that no one reaches a solid agreement in the simulation time of 85 minutes. On the other hand, reaching an agreement is also not used as an evaluation criterion in the competition, because in reality it usually takes even longer for the parties to disclose their interests, to meet each other halfway, and to work together on solutions for problems. Still it is important in the simulation to approach the other party and to discuss any issues openly, while defending one’s personal interests. Yet, focussing on the other side’s needs and interests, listening to their perspective and proposals, and finding some common ground on certain issues matters a lot, too.

The competition takes place in an international environment, therefore it was at first important to us to improve and extend our business English skills. Additionally, our team was an interdisciplinary one, consisting of two students of Peace and Conflict Studies and two law students. As a result of this composition, we learned a lot about different, subject-specific approaches concerning conflict resolution. We all came together and got to know each other for the first time by the end of October, when we met for a joint breakfast, where we distributed information and tasks for the first time, and also planned ahead our subsequent meetings. Our team spirit was great right from the start.

In those three months after our first get-together, we as the Marburg Competition Team met at least once a week to discuss and prepare for the first four mediation cases that we would have to simulate in Paris. Additionally, our qualified coach, Patrik Mähling – a professional mediator – made us go through and simulate cases from previous ICC Mediation Competitions, used as an exercise to better grasp the atmosphere of said simulations. Patrik’s skills and knowledge concerning the field of mediation helped us a great deal to improve and develop further our own negotiation and mediation techniques. In the creation of detailed mediation strategies for the forthcoming competition cases, we had to work particularly careful, and be very creative. In addition to that, it was also of great importance to be able to put oneself in the other party’s position, to clarify beforehand what kind of interests the other side might have.

Furthermore, besides the preparations for Paris, the 2nd Marburg Competition Team organized successfully the first official National Pre-Moot for the ICC Mediation Competition in Marburg. All German teams participating in the official ICC Mediation Competition were invited to join us. It was a good way to finally meet the other teams, and a great opportunity for gaining practical experience for the competition. Moreover, by organizing the event on our own from the scratch, we obtained a lot of knowledge in regard to professional event planning and management.

After months of preparation, having improved our English conversational skills, and having hosted the first National Pre-Moot, finally for the ICC Mediation Competition Team Marburg the time had come to go to Paris. On-site we were allowed to mediate our cases at the new premises of the ICC Paris near the Eiffel tower as well as in the conference venues of one of the most renowned international law firms in the world which has its office right next to the French Ministry of Justice. For the first competition round our team had to split up into a pair of two girls each to negotiate the first four cases of the preliminaries in three days.

However, socializing also played a major part in the event. At various receptions and galas, which were hosted at many magnificent and pompous places, such as the Maison des Arts et Métiers or the Cercle de l’Union Interalliée, we were pleased to meet new people and establish international friendships with other university teams, various mediators as well as prestigious business lawyers, who worked as assigned jurors for the ICC in the competition.

Although we unfortunately did not make it to the next round, it was still an amazing opportunity and a great experience! After dropping out of the ICC Mediation competition on the third day, we took advantage of the time left, to enjoy ourselves some more: we did some sightseeing around Paris, focused on meeting acquaintances and making new ones, and enjoyed the following cocktail receptions on the last two evenings untroubled. Furthermore, we rooted for all teams who made it to the final rounds of the competition. Though they were our opponents before, with whom we had competed, in the end we nevertheless became good friends during this wonderful time.

The journey to Paris, our stay there and the entire preparation phase was a very enriching experience for sure. To sum it up, we learned a lot about team work, independent as well as cooperative working, and organizing. After having implemented and put into practice what we have learned before in this intercultural setting, we realized what enormous progress every one of us, individually and together, has made over the last couple of months.

All in all, we had an incredible time and are very thankful for the experience we gained throughout the preparation and competition. The contest has allowed us to gain some insight into the field of alternative dispute resolution, and has opened up new worlds for us. This would never have been possible without our very supportive sponsors and our amazing supervisors from Marburg, whom at this point we would like to thank once again for this wonderful opportunity and their great support.

Hatice Özyurt, Magdalene Strzedulla, Maren Trautmann and Katrin Wagener