ENC Workshop, 25th March 2016
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Presentation of the ENC Materials (40 min)
Q&A (10 min)
Negotiation Simulation (30 min)
Evaluation (10 min)
Unified ENC Rules
o Founded upon the official rules of the
International Negotiation Competition
o Apply in the context of all Local rounds and
National final rounds
o May also serve as a basis for modified rules
ENC Rules
1) Levels of the Competition
2) Registration for the Competition
3) Cooperation
with
other
Competitions
Academic
4) Format of the Simulation Process
5) Judging and Scoring
6) Attendance at the Negotiation Sessions
7) Usage of Supplementary
Attempt at Deception
Materials
and
Hot Topic Rule 1:
ELSA-Membership
o At the time of their selection to participate in the competition
on the local level, the law students shall be
registered as members of the European Law
Students’ Association.
o At the time of their selection to participate in the competition
on the national level, the law students are obliged
to be registered as members of ELSA.
Hot Topic Rule 2:
Cooperation with other Academic
Competitions
o A champion team of a competition with a similar
concept and an adequate academic value may
be allowed to participate in the Negotiation
Competition. Both competitions as well need to be
comparable in regards to the simulations and the
judgement criteria.
o The entry into the ELSA Negotiation Competition is
upon the permission and approval by the respective
organiser.
Hot Topic Rule 3: Judging and
Scoring
 Composition of the jury
 The Judging Procedure
 Scoring Criteria
o The jury in each local, or national final should be
composed of at least one practicing lawyer and
two graduated lawyers or Bachelor of Law graduates.
The respective competition organiser shall make every effort to
have two practicing lawyers on the jury. Under exceptional
circumstances, however, it is also allowed to have
professors as judges.
o The organiser will provide a judges’ briefing prior to the
round.
The Judging Procedure
o No judge shall be affiliated with the participants.
o Judging should be executed upon the team as such, not upon
the individual persons
o Each Judge evaluates the students’
performances independently following their own
preferences and estimation
o Judges are allowed to ask questions during the prenegotiation period as well as during the self-reflection period
but not during the negotiation phase itself
o By entering higher levels of the competition (national), the
teams are not allowed to identify themselves with their school
or country
ENC Scoring Criteria
o In order to guarantee a unified quality of the competition on
all levels, judges are obliged to use the scoring sheet published
by ELSA International
I. NEGOTIATION PLANNING
II. FLEXIBILITY IN DEVIATING FROM PLANS OR
ADAPTING STRATEGY
III. TEAM WORK
IV. RELATIONSHIP BETWEEN THE
NEGOTIATION TEAMS
V. LEGAL ENGLISH LANGUAGE SKILLS
VI. OUTCOME OF THE SESSION
ENC Scoresheet
SCORESHEET AND ASSESSMENT CRITERIA
TEAM:
TOTAL SCORE:
JUDGE:
I. NEGOTIATION PLANNING
Judging from performance and apparent strategy, how well prepared did this team appear to be?
7 Highly Prepared
6 Prepared
5 Somewhat Prepared
4 Neutral
3 Somewhat Unprepared
2 Unprepared
1 Very Unprepared
Comments:
Hot Topic Rule 4:
Supplementary Materials
o External materials that are commonly accessible are allowed to
insert into the simulation process
o fictional materials that are not materially affiliated to the scenario itself
(such as business cards) are allowed
o It is strictly prohibited to invent any facts that are referred to
as ‘materially self-serving facts’. A material self-serving fact is one that
significantly changes the relative leverage between the parties. Whether a
team's interpretation of the facts is reasonable, or whether a team has
invented or inferred material self-serving facts, is a matter to be
determined by the judges during the round.
o Technical devices are not allowed except for calculators
o Competitors may bring and/or use blank flip charts or black/white
boards
Simulation
“The Tanker”
Common Facts
o Mr. X owns a super tanker. It is 30
years old. It is in relatively good
condition, although it needs some
maintenance.
The
tanker
is
estimated at 20 million dollars.
o Mrs. Y has been looking to invest in
the shipping sector for some time.
She has heard that a super tanker is
being put on the market.
Confidential Facts
Team X
o You are representing Mr. X and have full rights to enter a
binding agreement.
o Your goal is to sell it for as much as possible but no less than
10 million.
o Mr. X is having solvency problems and wants to sell the
super tanker to pay back several pressing loans.
o The boat is worth about 20 million dollars, but Mr. X is willing
to sell it for 14 million dollars if he can get the money within 6
weeks.
o The sale must go through within 10 weeks
o The boat market has been relavtively stable but
it is winter and boats sell a bit less well
Confidential Facts
Team Y
o You are representing Mrs. Y and have full rights to enter a
binding agreement.
o our goal is to buy it for as little as possible but cannot spend
more than 20 million
o Mrs. Y is new to ELSAnia and has not yet establish a loan
with the ELSA BANK. She would prefer not purchasing the
tanker before 15 weeks due to other commitments.
o The fastest the ELSA BANK can give out a loan is 8 weeks.
o The boat market has been relavtively stable
but it is winter and boats sell a bit less well