Students from the University of Glasgow represent in the CPR Institute’s International Mediation Competition in São Paulo, Brazil- Shaun Sweeney
Throughout my LLB, terms such as ‘Alternative Dispute Resolution’ and ‘Mediation’ were rarely discussed, the words seemingly being shrouded in mystery. It wasn’t until I embarked on my Diploma in Professional Legal Practice that I began to explore the profound power and potential of ADR through extracurricular mediation training, leading me to represent the University of Glasgow in the CPR Institute’s International Mediation Competition in São Paulo, Brazil.
The competition centred around a fictional commercial scenario involving a multi-million dollar acquisition of a football team that had gone awry. Each university therefore put forward two students to compete as a negotiating team (one acting as legal counsel, and the other as client), and one as a mediator. I acted as Legal Counsel, while my colleagues Aidan Wallace and Flora Henry acted as client and mediator respectively. It was the responsibility of the negotiating team to navigate through a sea of challenges- financial, reputational or otherwise- to protect the client’s interests. Amidst what could have been highly contentious and adversarial rounds, we were guided by highly skilled student mediators who encouraged us to reach resolutions which transcended mere compromise. As such, collaboration, transparency and creativity were at the forefront of our discussions, meaning that we achieved mutually beneficial outcomes.
After three general rounds, a quarter-final, a semi-final, and a final, Aidan and I were awarded ‘Best Negotiating Team’! In addition, Glasgow was the only university to have both their mediator and negotiating team pass the general rounds, with Flora making it to the semi finals of the mediation rounds in her own right. As a result of our win, Aidan and I were awarded partial tuition scholarships from Pepperdine University Straus Institute for Dispute Resolution. In addition, all three of us received full tuition scholarships from the Institute for Certification and Training of Lusophone Mediators (ICFML) for its week-long 2024 International Negotation and Mediation Summer Programme, taking place this July in Porto, Portugal.
Besides a deep sense of achievement, I walk away from this whirlwind experience with a much deeper understanding and appreciation of the true potential of mediation. One of the key takeaways from this experience was how mediation has the potential to preserve relationships. Unlike adversarial processes such as litigation and arbitration where there is a clear winner and loser, mediation’s aim is to create an open dialogue where grievances can be aired, misunderstandings clarified, and common interests established. I also came to appreciate that mediation allows parties to discuss and resolve issues that go beyond ‘black letter’ law. Throughout our mediation sessions, we not only discussed contractual interpretation, for example, but also reputation, public relations, and even football transfer windows! This meant that the dynamic nature of each relationship can be reflected within mediation sessions, allowing parties to create future-facing solutions that reflect all of their interests, something that cannot be achieved in a courtroom.
As I look to commence my legal career this year, I intend to harness these newfound skills in all aspects. Whether that is in an ADR setting or otherwise, the interpersonal and communication skills gained through this competition are transferable to all aspects of my personal and professional life. I would wholeheartedly recommend this experience to others, not least because I was able to broaden my horizons and travel to a new country, but also explore the wonderful world of mediation and negotiation. The opportunities afforded to us by this journey serve as a testament to the boundless potential of mediation and ADR, and the doors it can open. With a new sense of motivation and gratitude for this experience, I look forward to embarking on the next chapter on my mediation journey.
Shaun Sweeney holds a First Class Scots Law LLB (Hons) and is a future trainee solicitor of CMS