Law Schools Should Substantially Increase Instruction in Mediation Representation

22 Pages Posted: 2 Oct 2024

See all articles by John Lande

John Lande

University of Missouri School of Law

Date Written: October 01, 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.

Keywords: mediation, counseling, advocacy, representation, neutral, preparation, client, listening, intangible, interests, Real Practice Systems, NextGen, pro bono

JEL Classification: K40, K41

Suggested Citation

Lande, John, Law Schools Should Substantially Increase Instruction in Mediation Representation (October 01, 2024). University of Missouri School of Law Legal Studies Research Paper No. 2024-32, Available at SSRN: https://ssrn.com/abstract=4974465 or http://dx.doi.org/10.2139/ssrn.4974465

John Lande (Contact Author)

University of Missouri School of Law ( email )

Hulston Hall
Columbia, MO 65211
United States

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