From: Martin English
[get__me@hotmail.com]
Sent: 13 March 2008 11:33
To: Civil
Courts Review
Subject: Mediation education and LLB
Dear Sirs,
As a student who is going through the University system in
Scotland right now, currently LLM but recently graduating Diploma in Legal
Practice and LLB, my contribution to the Civil Courts Review
consultation process would be a requirement, in my view, to re-examine the
process of the teaching of ADR, and mediation in particular, within
the Universities in Scotland and to somehow move
its significance up the agenda.
Just now It is my
understanding that mediation is taught in the Diploma. Having graduated from the
GGSL with my Diploma, I have to cast my mind back in order to understand
just how significant its teaching was. My conclusion from this recapping
exercise is that ADR and mediation did not seem to be taught as part of the main
syllabus of the Diploma. I've certainly not been left with an
indelible notion of the suitability and practical application of
mediation, and the role it might and should play as part of a
modern Civil Justice system. I'm aware of it and through my own
interest have discovered its use and benefit. If there is to be a change in
culture vis a vis mediation in Scotland, It is perhaps time to look how its
teaching should be moved to form part of the main LLB.
There seems
to an emphasis on the teaching of adversarial court practice. This is
understandable. Perhaps when it comes to the teaching of the legal process and
the courts within the LLB, the focus should be changed
slightly to focus on mediation as being one of a range of appropriate
tools, along with litigation, which include mediation as one of a
range of dispute resolution measures. That way mediation is pushed up the
agenda and is not positioned as something that might be viewed
as different. In conjunction to this re-keying of the formal teaching of
mediation perhaps there would be scope to offer mediation as a
subject within the LLB or as an elective subject within the
LLB.
Here it could be assessed on its own
merits and would entail students understanding its background, how it has
developed comparatively with other jurisdictions, how it has developed
in Scotland and how it could develop in
Scotland. The course might also look to impart to students
the practical application of mediation, the 'nuts and bolts' end if you like, of
conducting a mediation and its possible merits. The learning
outcomes could be viewed at two levels, one of an academic
understanding of the topic, but also some how delivering to
students an understanding of the practical elements of
mediation. Assessment could be in two parts as normal. A group
exercise assessing the practical elements and exam assessing the
theoretical elements.
I understand that Aberdeen University
teach mediation, although I have no idea of how it is taught. One assumes that
it is a model that works and could be the template that is used to
roll out an effective education driven approach within the Universities to
address root and branch culture issues vis a vis mediation. The down side of
this of course that It will not educate those who have passed through the
system and have been in practice for any length of time. Here a different
approach is required, possibly looking at the lawyers ethical obligation
and the role of professional negligence where not advising the client of the use
of mediation if it is appropriate.
Yours,
Martin
English
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