2014 International Law Student Mediation Tournament Round 1 General Information for Both Parties The Lottery Dispute

An increasing number of countries have begun to hold lotteries to su ort various causes and rograms! Recentl" Richland decided to enter the fra" and start a lotter"! To entice tic#et urchasers be"ond the initial urchase of a scratch$off tic#et% the Lotter" &ommission of Richland decided to offer a second$chance drawing for non$ winning tic#ets! If customers would sim l" mail the non$winning tic#et to the Lotter" &ommission with their name and address filled out on the tic#et% it would be entered in a drawing for a '2(%000 ri)e! This second chance drawing has enticed man" tic#et holders to fill out the bac# of the tic#et and send it in for a chance at the *ac# ot! +ther urchasers% u on finding that their tic#et is not a winner% sim l" toss it in the trash! Such is the stor" of ,atfield and Mc&o"! Mc&o" had% on several occasions% gone into the &enter Mar#et and other stores in the area in search of discarded% non$winning tic#ets! Mc&o" would ta#e these tic#ets from the trash% fill out the bac# with his-her name and address% and mail them in to the Lotter" &ommission ho ing to be the luc#" tic#et drawn for the ri)e! As Mc&o" went into the &enter Mar#et on .ebruar" 1(% s-he s ied several discarded /iamond /a))ler scratch$off tic#ets% removed them from the trash bin ne0t to the lotter" counter% and too# them home to fill out his-her name and address and send them in for the second chance drawing! 1 on further ins ection one of the tic#ets a eared to be a '1%000%000 winning tic#et% the to ri)e in the /iamond /a))ler series! Mc&o" too# the tic#et to the Richland Lotter" &ommission% e0 lained how he-she had ac2uired the tic#et% and the &ommission confirmed that it was indeed a grand ri)e$winning tic#et! The &ommission also determined that Mc&o" should be awarded the ri)e% so it arranged for a ress conference% created the obligator" oversi)ed chec#% and the news of Mc&o"3s newfound wealth was ublished throughout Richland! +n .ebruar" 1(% ,atfield urchased two /iamond /a))ler scratch$off tic#ets at the &entral Mar#et! ,atfield scratched off the tic#ets and the" a eared not to be winners! To confirm the non$winning status% ,atfield ran the tic#ets through the available self$scanner furnished b" the Lotter" &ommission at the store and it confirmed their non$winning status! ,atfield loo#ed at the tic#ets% discarded them into the trash bin ne0t to the lotter" counter% and left the store with his-her other urchases! +n .ebruar" 14% ,atfield read the stor" of Mc&o"3s luc# '1%000%000 tic#et and went bac# to the &entral Mar#et% #nowing there would be a record of his-her urchase as well as securit" video footage showing his-her urchase and subse2uent scanning of the tic#ets! Indeed the store records and video seem to indicate that ,atfield had originall" urchased the tic#ets Mc&o" retrieved from the trash! ,atfield immediatel" contacted the Lotter" &ommission and claimed ownershi of the tic#et and the resulting funds! The Lotter" &ommission had not aid Mc&o" the actual '1%000%000 when ,atfield submitted his claim% and lans to void the winning tic#et if ,atfield and Mc&o"

cannot wor# this out! The Lotter" &ommission stands b" its scanners% but recogni)es that this scanner ma" not have wor#ed ro erl" on this occasion! The &ommission also ointed out that it was ossible to determine the winning nature of the tic#et b" loo#ing at it% as Mc&o" did! The Lotter" &ommission has said it might give each of the dis uting arties '2(%000 5the amount the" could have received in the second chance drawing6 if the" cannot wor# out a distribution of the '1%000%000 between themselves! The arties have agreed to mediation!

2014 International Law Student Mediation Tournament Round 1 Confidential Information for Hatfield ,atfield feels deceived that the Lotter" &ommission would have awarded the '1%000%000 to Mc&o" even though he never bought a /iamond /a))ler lotter" tic#et! In fact% Mc&o" has stated that s-he never bought a /iamond /a))ler tic#et% but has onl" ta#en other urchasers3 tic#ets out of trash bins! ,atfield oints out that s-he onl" discarded the tic#et after the &ommission3s electronic scanner told him-her it was not a winner! ,atfield is able to use the timed urchase record from the lotter" machine and the cash register% along with the video surveillance% to in oint his-her urchase of the /iamond /a))ler tic#ets along with his-her attem t to scan the tic#ets! 1nfortunatel"% the video also shows ,atfield e0amining the tic#ets after scanning them and before throwing them into the trash bin ne0t to the lotter" counter! ,atfield believes that the abilit" of the ordinar" urchaser to recogni)e a winning tic#et is com romised b" the com licated attern of the scratch$off bo0es% and that is wh" s-he used the scanner to confirm the non$winning status of the tic#ets! 7h" does the &ommission have the scanners if not to allow customers to verif" whether their tic#ets are actuall" winners8 ,atfield recogni)es that winning all of the winning amount is a long shot% es eciall" since the Lotter" &ommission was going to award the ri)e to Mc&o" #nowing that s-he got the winning tic#et out of the trash! ,owever% s-he believes that the ublic would be s"m athetic to a winner who was 9du ed: into throwing out a winning tic#et% and ,atfield is inclined to launch a social media fren)" against Mc&o" if Mc&o" does not agree to give ,atfield a fair share of the mone"! ,atfield will have the su ort of the store owner% who s ecificall" told Mc&o" the da" before to sto rummaging through the trash bins inside of the store! The store owner considers Mc&o" a nuisance because of his habit of scouring the trash bins% es eciall" the one ne0t to the lotter" counter! ,atfield wants at least half of the '1%000%000! S-he is a wealth" business owner and doesn3t reall" need the mone"% but "ou can alwa"s find something good to do with e0tra cash; <=ou can ma#e u the details of ,atfield3s bac#ground and business if there is an" reason to do so in the mediation> ,atfield will settle for less than half if convinced that there is a good reason to do so% or that the onl" alternative is the '2(%000 romised b" the Lotter" &ommission!

2014 International Law Student Mediation Tournament Round 1 Confidential Information for McCoy Mc&o" finall" got a brea#?finding that winning tic#et was the first good thing that had ha ened to him-her in man" "ears! Mc&o" has struggled to find a full$time *ob in this dismal econom" and has e0isted on art$time *obs and the dream of winning the second chance lotter" drawing! It onl" cost him-her a little time and a stam to send the discarded tic#ets to the Lotter" &ommission% and since s-he could not reall" afford to bu" tic#ets this was the onl" wa" s-he could reall" la"! In fact Mc&o" has never urchased a /iamond /a))ler tic#et% onl" collected and sent in discarded ones! +n .ebruar" 14% Mc&o" had a run$in with the owner of the &entral Mar#et over collecting the discarded tic#ets! @asicall"% the owner told him-her to sto rummaging through the trash bins in the store an" more! ,owever% when Mc&o" went to the store on .ebruar" 1(% s-he noticed that there were several discarded /iamond /a))ler tic#ets in the trash bin ne0t to the lotter" counter! 7hen the manager was not loo#ing% Mc&o" retrieved the tic#ets intending to fill them out and send them in to the Lotter" &ommission! 7hen s-he loo#ed at the tic#ets later that evening% it was ver" obvious that one of them was the grand ri)e$winning tic#et! Mc&o" decided to tell the Lotter" &ommission e0actl" how s-he ac2uired the winning tic#et to see if it would award him the grand ri)e! The ne0t da" s-he did *ust that?went to the Lotter" &ommission main office% told the stor"% and was awarded the ri)e! Mc&o" believes that s-he is the rightful owner of the tic#et! ,ow can ,atfield rove that the winning tic#et was one of the tic#ets ,atfield urchased8 There were several tic#ets in the trash bin% and ,atfield onl" urchased two! Mc&o" is inclined to launch a social media fren)" against ,atfield if ,atfield does not agree that Mc&o" can #ee a fair share of the mone"! Mc&o" believes that the ublic will s"m athi)e with his-her down$on$his-her$luc# stor"% as man" eo le have suffered in this econom"! Mc&o" has done his-her homewor# and #nows that ,atfield is a rich business owner? what does s-he need with the mone" an"wa"8 +f course% the art of the stor" about rummaging in trash bins is a little embarrassing ! ! ! Mc&o" wants at least half of the mone"% and referabl" more li#e 4(A! S-he will settle for half or less onl" if that is the onl" wa" to avoid ending u with onl" the '2(%000 the Lotter" &ommission has offered!