The Case for Mediation Representation Clinics and Externships

Abstract

This article recommends that law schools offer mediation representation clinics and externship courses to assist self-represented litigants in cases with legally-represented parties.  These courses would prepare law students to practice in the modern world.  Students would get experience working with real clients, conduct interviews, help clients assess their goals and interests, analyze claims, perform legal research, prepare documents, coordinate with mediators, and negotiate with counterpart attorneys.

The courses would address the needs of multiple stakeholders including self-represented litigants, law students, law schools, courts, attorneys, mediators, and society in general.  Law schools would develop these courses in collaboration with many potential stakeholders including courts, administrative agencies, bar associations, legal aid societies, law firm pro bono programs, and mediation organizations in their local area.

The courses would be particularly relevant considering the transition to the NextGen bar exam and a movement in various states to use alternative mechanisms for licensing that would require demonstration of practical skills.

Keywords: clinics, externships, self-represented-litigants, pretrial litigation, client relationships, communication, counseling, advocacy, strategy, mediation, negotiation, NextGen, licensing, pedagogy, teaching, curriculum, representation