Mediation Clinic: Novelty in Law School

Curriculum/A Tasty Pie on a Tray

Ketevan Iremashvili, Carnegie Fellow University of Georgia/ Republic of Georgia

IJCLE - 2014

What is Mediation? Mediation is an effective dispute resolution

mechanism: a process where neutral third party facilitates negotiation between disputing parties.

In most legal systems mediation is reffered as

an Alternative Dispute Resolution source. Word Alternative indicates dominant role of courts in those jurisdictions.

What is Mediation? However, in some instances mediation is

considered as an early dispute resolution (EDR), or a as a DR - generally acknowledged dispute resolution, source.

Altogether, terminological emphasis indicates the role and function of mediation in a certain legal system as well as overall attitude towards the institution.

Why teach mediation in law school?

In a broader context, teaching mediation develops Lateral Thinking, which is essential for lawyers

In a narrower context, there is market demand for professionals capable to engage in a Mediation Process as a party representative or as a mediator.

Why teach mediation in law school? Core value of mediation is its innovative

approach to dispute resolution - shifted focus from: adversarial - win/lose approach to interest-based, win/win perspective.

Theoretical justification: Getting to Yes/ 4 golden rules of effective interest-

based bargaining, proposed by Fisher & Ury

Practical implication – an Orange Story

Why teach mediation in law school? The overall mission of legal education is

preparing law students for legal profession. In most jurisdictions mediation is a part of a legal system. That is why lawyers need to have proper awareness about mediation in general, and about its pros and cons more specifically.

How teach mediation to law students? In modern legal pedagogy distinction between

clinical and non-clinical teaching is becoming more and more formal, since the importance of interactive teaching has been widely recognized. However, overall advantage of clinical teaching is vivid.

Best way to teach mediation is a clinical

approach.

Why teach mediation in clinic? Engagement in mediation process either as a

party representative or as a mediator, requires possession of certain skills. There’s no universally accepted list of such, but some of the widely acknowledged are:

CommunicationLateral ThinkingCreative Attitude

Why teach mediation in clinic?Communication: on different levels – lawyer-client, lawyer-

lawyer, lawyer-mediator, lawyer-other participants of the process;

in different forms – verbal, with the specific focus on active listening and the art of asking questions; non-verbal; oral/written, including email corespondations and so forth.

Why teach mediation in clinic?

Lateral Thinking – thinking out of box is equally essential for mediator and for a party representative

Creative Attitude – is more than lateral thinking. It includes ability to seek for alternative opportunities, expanding the leverage of possible solutions.

Why teach mediation in clinic? Professionals engaged in a mediation process

need to have developed their Professional Values:

Both the mediator and a party representative need to acknowledge advantages of mediation (saving time, costs, reputation, attempting restoring relationships);

Need for Ethical Commitment – whether its professional ethic of a mediator or that of a lawyer.

Why teach mediation in clinic? Core advantage of Clinical Teaching: More

academic freedom, permitted/justified “experimenting”

Teaching Philosophy vs. Formal Requirements (syllabus,

accreditation)

UG Mediation Clinic – My “experiment”

How teach mediation in clinic?

Things to consider in mediation clinic:

Tailoring a Lesson Plan:What How Why

How teach mediation in clinic?What: Conflicting focuses in mediation clinic in

teaching/choosing a proper approach

Direct Objective – developing clientrepresentation skills Indirect objective - developing skills of a

mediator

How teach mediation in clinic?How: Starting from scratch -advanced role of

simulations Getting the most of simulations – viewing

mediation process from various angles

Balancing students’ interests/valuable disicoveries

How teach mediation in clinic?Why:

Considering mission of legal education and scope

of legal profession

Mediation is not a legal practice

Academic and Practical Consideration

Creating Professional Environment in a class-room

Adjusting to peer evaluation

Making Positive Impact on Students

Making Discoveries

Lifelong Investment in Teaching If your professional value is sharing , invest yourself in

teaching.

Teaching is the best investment you may ever make…

You won’t get an extra “benefit” for doing that, but hundreds of people will as outcome of your teaching will expand from a single student to a wider society…