TOT 66: “Roleplay with Questions”

In order to strengthen the skill of application of the theoretical knowledge into practical situations “role play with questions” help a lot.

These are generally given during refresher and advanced courses. These are also given in forty hours’ mediation training programs, if the trainees have strong knowledge base and have the ability to focus and comprehend the concepts.

Structure:

1. A role play is designed by the trainer based on the concept which the trainer wants the participants/trainees to understand.
2. The brief case history of both sides will be given.
3. Questions will be given in a separate sheet
4. Plain sheets will be provided to the participants to write the answers.

Designing the role play:

1. The language used must be very simple.
2. Facts must be easily understandable.
3. There should not be any confusion in understanding the facts.
4. Facts of both sides must be given to both the parties.

Questions:

1. Questions must be direct.
2. They should lead to specific answer/s
3. Questions should not be confusing.
4. Objective behind the question must be well understood, before they are given to the trainees.

Answer sheets:

1. Sufficient space must be left to answer each of the questions.
2. Leaving more space should be avoided to discourage participants from giving lengthy answers

EXAMPLE

Original Suit. No. 100/2016

Raju Vs Mohan

Suit for Specific Performance of a contract;

Case of the plaintiff

Raju filed suit for specific performance of agreement dated 4/5/2012.

Date of agreement – 4/5/2012. Agreed Sale consideration was 35 lakhs. Advance paid was 10 lakhs.

Balance to be paid was 25 lakhs. Property agreed to be sold was House property of 20 squares and adjacent vacant site of 30’ X 40’. Time for competition of registration was 4 months from 4/5/2012.

Original title deeds and other related documents are handed over to plaintiff by Defendant on the date of agreement.

Date of filing of the suit: 3/5/2016

Case of defendant

Agreement admitted. Receipt of advance was also admitted. Contended that time was the essence of contract. Suit is barred by limitation.

Raju is not entitled for specific performance or for refund of money.

Defendant has filed IA U/O.VII Rule 11 C.P.C praying for rejection of the plaint on the ground of limitation.

Matter is referred to mediation at that stage.

QUESTIONS

1. List out the options that can be given by the plaintiff for settlement
2. List out the options that can be given by the defendant for settlement.

(Objective: To equip the trainees to know how many options can be generated)

• In order to facilitate the disputing parties to understand the reality:
• What questions do you ask plaintiff?
• What questions do you ask defendant?
• What do you ask Plaintiff’s counsel?
• What do you ask defendant’s counsel?

(Note: write 5 questions in each category.)

(Objective: To equip the trainees to know the limitations binding the mediator in the process of reality testing)

ADVANTAGES

1. Such role plays will equip the participants to understand the facts, think about the concepts, apply the same and only thereafter move on to answer.
2. Systematic learning is cultivated in the trainees.
3. When they are asked to write in not more than 1 or 2 short sentences, they focus on clarity and brevity. Their communication skills get tuned further.
4. Such role plays can be sent in advance to the trainees in refresher /advanced courses, and answers may be collected and reviewed by the trainer before the actual training, which will help in understanding the level of comprehension of the trainees. Such practice will assist the trainer in need assessment. Based on the answers given by the participants to be, the training program can be structured.
5. When there is a single trainer, giving such role plays with questions, will change the methodology of training, and the boredom factor due to monotony may be avoided. Trainer will also get some rest.

 “My powers are ordinary. Only my application brings me success.”

Isaac Newton

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(All Copyrights reserved by the author S. Susheela)