Document Type
Article
Publication Date
10-2024
Abstract
American law schools generally focus 10% or less of their mediation curriculum on mediation representation. As shown in a survey of faculty teaching mediation and an analysis of course syllabi in this article, most of the instruction focuses on the role of a mediator.
This is a problem for several reasons. New graduates represent clients in mediation much more frequently than they mediate. Clients usually need professional advice to evaluate their cases and develop strategies, which mediators cannot provide. This is precisely the important service that attorneys can provide, but we teach students very little about what to do when they represent clients in mediation. Students also would benefit from training as mediation representatives because these skills will be tested on the NextGen bar exam.
This article provides suggestions for faculty teaching mediation. In particular, it suggests that faculty provide better balanced instruction, incorporating training both as a neutral and representative throughout mediation courses, starting from the beginning of the semester. Although we generally treat neutral and representation perspectives as if they are diametrically opposed, both roles share basic values and both involve similar skills of good listening, identifying interests, educating clients, and considering alternatives.
Recommended Citation
John Lande,
Law Schools Should Substantially Increase Instruction in Mediation RepresentationUniversity of Missouri School of Law Legal Studies Research Paper No. 2024-32
(2024).
Available at: https://scholarship.law.missouri.edu/facpubs/1253