1. Moderator & Reporter Training
Michigan Appellate Bench-Bar Conference
Moderator & Reporter Training
Mark Cooney
Western Michigan University Cooley Law School

2. Moderators

3. First Thank you!

4. Your Roles

5. Do: Keep an open and balanced flow of conversation.
Encourage discussion.
Help the group try to reach solutions and consensus.
Protect individuals and their ideas from personal attack.

6. Don’t:

7. In other words . . . It’s not a presentation.
You aren’t expected to teach.

8. You are the director. So run the show, but don’t be the show.
The attendees aren’t an audience, they are the actors.

9. And . . .
despite having been asked to moderate because of your experience, knowledge, and expertise:
You are not trying to solve the problem or make the decision yourself. You are there to help the group reach a decision.

10. More Specifics

11. Your Goal as a Moderator

12. For each issue, try to reach a consensus.

13. If consensus if not possible, try to direct the discussion so that it stays on focus (and produces useful ideas).

14. Try to keep the discussion open so that all participants have a chance to speak.

15. And at all costs, try to avoid . . .

17. Points to Ponder
Even self-confident lawyers may have misgivings about the breakout session.

18. Participants . . .
Sometimes worry about the possibility of personal or professional failure.
May worry about looking or feeling foolish.
May feel threatened because they are not in control.
May feel tense over the unknown.
May feel concern if they are not as experienced as other participants.

19. Strategies
If you acknowledge the experience and skills of the members of your group, you will enhance their self-esteem and motivation.
Depending on the group, this may take some time, and require appropriate questions and efforts to draw out feelings and experiences.

20. Meeting Expectations
Adults expect to be treated courteously and with dignity and respect, personally, professionally, and as members of a group.
Conference attendees expect their time to be used profitably, and expect value for the money they have paid to attend the conference.

21. A special note about Judges

22. Participating judges will have their own concerns
Participating judges will have their own concerns. They have willingly given up their time to participate in a session where they may feel little or no control.
We want dialogue with the judges, but we also want to protect judges from attacks by those who may have “agendas.”
It’s critical that a judge never be singled out for attack, and critical for the moderator to intervene if it happens.

23. Strive for Positive Two-Way Communication

24. Keep participants actively involved.
Positive reinforcement is critical; negative reactions should be avoided at all costs.
Try to be aware of, and break down, barriers raised by negative feelings, anxiety, frustration, or even boredom.

25. Navigating your Session

26. Before . . .
Take care of notes and check room arrangements before the session begins.
Be organized and ready when the participants arrive.
Look over the list of workshop participants before you begin.

27. Starting . . .

28. Put Out the Welcome Mat
As moderator, you control the presentation from the outset.
Give a little background about yourself.
Tell the participants about the breakout topic.
Let the participants know what is expected of them.

29. Asking Questions

30. General Points
Make your questions clear and concise (as best you can).
If the reaction to a question is a blank stare, that may be a hint that you need to rephrase it.
Pose only one question at a time; give the participants time to think and respond.
Respect the group’s intelligence and experience.

31. Types of Questions
Generally, there are three types of questions that are effective in breakout sessions . . .
with a new and major twist starting in 2016:

32. Live Polling 1 Access Schedule on the Event Guide.
2 In the schedule go to the session/plenary being attended. The top navigation will show which day of the schedule is being viewed. Scroll through until finding the session/plenary you are attending. (Easy access to your personal schedule is on the bottom navigation bar.) 3 View the session/plenary page and find the Live Polls area. Click on the poll that is being asked.
4 Select an answer and click Finish.

33. Old-Fashioned Q’s

34. 1. “Overhead” questions: a general question
1. “Overhead” questions: a general question directed to the entire group.

35. When using this type of question, wait for a volunteer to answer.
Use a positive question that will encourage a response: e.g., “Who has worked on a case where ” or “Who has dealt with ,” instead of “Can anyone tell us ”

36. 2. “Direct” questions: usually directed to an individual when you want to single out someone because of his or her specific experience or knowledge.

37. Ask this type of question in a nonthreatening way (“____________, can you share your experience with us?”)
DO NOT pose a direct question unless you are certain that the person knows the answer and won’t feel threatened by the question.

38. 3. “Probing” questions: directed either to the entire group or to an individual.
= follow-up on the response that you get to your initial question. (E.g., “What do you think the judge should do from here?” -- if no response, “Okay, what would you think if he called the lawyer on the phone?”)

39. General Points about Q’s
Try to get the most out of your participants. Avoid closed-ended yes-or-no type questions that don’t encourage discussion (unless it’s a live poll).
MOST IMPORTANT: Be adaptable. Every group has its own dynamic, one that cannot always be predicted.

40. At the End

41. Be sure to THANK all attendees, and give special (individual) thanks to:
Any judge who attended
Any member of court staff who attended

42. Good Luck, Moderators! (And thanks again!)

43. The Reporters

44. The reporter is charged with making an accurate account of the discussion.
Should take notes as points are made during the discussion.

45. Is responsible for gathering his or her notes after the session.
Will make a report of the session for inclusion in the conference report.

46. *Remember that the moderator will not be in a position to take notes.

47. Remember: as the reporter, you are a neutral scribe, and must remain neutral.

48. Participation
The reporter may participate in the group discussion if he or she has something valuable to contribute.
But: the reporter’s central role remains to faithfully record what occurs in the session, and he or she should do nothing to detract from that role.

49. Reporter’s Notes
The reporter is responsible for getting his or her notes on the session to the planning committee chair. (We suggest doing it ASAP, while your memory is fresh.)
Target date: 2 weeks after the conference.

50. Good luck! And thank you for agreeing to be a reporter!