Digital Toolbox Pedagogy: Teaching Students to Utilize Technology in Mediation

Abstract

In a previous paper, we've discussed the nature of contemporary mediation as technology bereft. We pointed out the challenges this raises to the very viability of the field, https://ssrn.com/abstract=3421097 .

After the COVID-19 era has broken down barriers to use of technology in mediation, we expect that mediation will continue to evolve by adopting the use of technology in the (traditional) mediation room. However, the path to doing so is unclear, given that use of technology in mediation up to and including the COVID-19 era has been for conducting mediation online, at a distance. What are its uses and benefits in the mediation room? This question remains to be resolved.

In the present article, we address the pedagogical side of this: Assuming that technology can be of help in mediation practice and in the mediation room, its use should be incorporated into mediation education, in academic courses and professional training. What challenges does this proposition face, and how can we overcome them to include this important topic in the field’s educational programs?

Keywords: Mediation, ADR, Alternative Dispute Resolution, technology, teaching, online, tech, negotiation, facilitative, distributive, positional, evaluative, practice, teaching, pedagogy