The Origins of Problem-Solving Negotiation and Its Use in the Present

2021 ◽  
pp. 68-72
Author(s):  
Carrie Menkel-Meadow
Keyword(s):  
Problem Solving ◽  
Civil Rights ◽  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
First Generation ◽  
Legal Education ◽  
Legal Services ◽  
Legal Ethics ◽  
Legal Studies

I began teaching, practicing, and researching law in the mid-1970s, first as a legal services and civil rights lawyer, then as a first-generation legal clinician, and then as a theorist and contributor to a variety of “movements” to change law and legal education: poverty law, clinical education, legal feminism, sociolegal studies, critical legal studies, alternative dispute resolution, legal ethics, law, literature and culture, and transnational legal studies. When I first began writing ...

scholarly journals Keeping up with change: no alternative to teaching ADR in clinic. An Australian perspective

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg
Keyword(s):  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Access To Justice ◽  
Legal Practice ◽  
Law Schools ◽  
The Cost ◽  
Client Needs

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>

The English Legal System

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Legal Services ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.

scholarly journals Transformation of Legal Education in Indonesia Based on Social Justice

2020 ◽  
Vol 13 (1) ◽  
pp. 143
Author(s):  
Otong Rosadi ◽  
Awaludin Marwan
Keyword(s):  
Social Justice ◽  
Clinical Education ◽  
Education System ◽  
Legal Education ◽  
Law Students ◽  
The Other ◽  
Short Term ◽  
Legal Studies ◽  
Law And Justice ◽  
Compulsory Subject

The transformation of legal education in Indonesia has become the study and anxiety of many legal experts in Indonesia. Legal education is seen as only producing law graduates who are no more legal craftsmen. Legal education ignores the ideologization of social justice values. Therefore, the transformation of higher legal education in Indonesia absolutely must be done by first carrying out an inventory of the main problems in the legal education system in Indonesia. This article attempts to perform an analysis of the description of the main problems in the legal education system and the steps that should be taken to hasten the transformation of higher legal education in Indonesia. Changes in the Legal Studies Curriculum and the transformation of the learning process that is more oriented towards humanizing lecturers and students have become an urgent need. One of the short-term offers is to make Legal Clinical Education as a compulsory subject in the Legal Studies Program. Whereas the other offer is transformation the Legal Studies Curriculum, Legal Learning Methods and Processes that are oriented in mastering the legal knowledge, legal skills, and law students&#39; alignments on issues of law and justice.

scholarly journals Mediation and Experiential Learning: How a Mediation Clinic Can Inform a Law-based Curriculum

2014 ◽  
Vol 16 ◽  
pp. 90
Author(s):  
Ben Waters
Keyword(s):  
Criminal Justice ◽  
Experiential Learning ◽  
Dispute Resolution ◽  
Core Curriculum ◽  
Legal Education ◽  
Legal Studies ◽  
The Core ◽  
Christ Church ◽  
Justice Studies

<p>The perception that students of Law and Legal Studies should learn about a variety of methods of dispute resolution and not just litigation, has prompted the Department of Law and Criminal Justice Studies at Canterbury Christ Church University in Kent UK to establish a mediation clinic as a focus for undergraduate experiential learning. This article will consider the importance of discipline based research and the integration of clinical legal education within the core curriculum, the benefits offered by a combined live and simulated curricula approach in the context of mediation and the importance of providing a practical input during the academic stage of legal education.</p>

scholarly journals The Evolution of Lawyers' Professional Identity: The Contribution of the ADR in Legal Education

2013 ◽  
Vol 18 (2) ◽  
pp. 315
Author(s):  
Kathy Douglas
Keyword(s):  
Problem Solving ◽  
Professional Identity ◽  
Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Legal Practice ◽  
Legal Problem ◽  
Legal Policy ◽  
Holistic Approaches

Alternative or Appropriate Dispute Resolution (‘ADR’) is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students’ professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth to examine the content and pedagogy of this area of the legal curriculum. The article argues that ADR is an important part of legal education as it can assist law students to develop non-adversarial, holistic approaches to legal problem-solving.

scholarly journals Dispute Resolution, Access to Civil Justice and Legal Education

1969 ◽  
pp. 741 ◽  
Author(s):  
Trevor C.W. Farrow
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Access To Justice ◽  
International Literature ◽  
Civil Justice ◽  
Reform Initiatives ◽  
Law Schools ◽  
Collaborative Development ◽  
Research Programs

This article examines current dispute resolution leaching and research programs in the context of improving access to justice through recent civil justice reform initiatives. Animated by extensive domestic and international literature, online and survey-based research, the article explores the landscape of alternative dispute resolution (primarily at law schools), comments on the need for continued thinking and reform and acts as a leading resource to assist in the ongoing, collaborative development of dispute resolution initiatives in education in Canada and abroad.

scholarly journals 2002: A Justice Odyssey

2003 ◽  
Vol 34 (1) ◽  
pp. 1
Author(s):  
Kim Economides
Keyword(s):  
Supply And Demand ◽  
Legal Education ◽  
Legal Profession ◽  
Access To Justice ◽  
Legal Services ◽  
Supply Side ◽  
Law Schools ◽  
Legal Ethics

Professor Economides, 2002 Chapman Tripp visiting fellow, overviews research on the supply side of the access to justice equation. Economides argues that the justice equation is based on the nature of supply and demand for legal services and the nature of the claim that clients wish to bring to a legal forum. However, the access to justice theme is moved beyond the supply side and into questions regarding the quality of the access provided suggesting that there is a need to explore the understandings of justice held by members of the legal profession and legal ethics, and the role that law schools and legal education have in formulating these.

Problem-Solving or Narrative Approach to Mediation?

2019 ◽  
Vol 12 (2) ◽  
pp. 11-27
Author(s):  
Martina Urbanová ◽  
Jan Holas ◽  
Pavla Tvrdikova
Keyword(s):  
Social Work ◽  
Social Context ◽  
Problem Solving ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Narrative Approach ◽  
Actual Problem ◽  
Mediation Processes

Mediation is a one of the well-known forms of alternative dispute resolution and is commonly used for solving conflicts in social work. Following introduction, where the mediation is put in social context, authors introduce readers to different approaches to mediation specifically to narrative mediation in comparison with mediation focused on solving problems. These approaches have different theoretical bases, mediation processes and aims and, therefore, their utilization is appropriate in distinct situations and areas of social work. In the conclusion these different approaches are compared to each other. While the narrative mediation is concerned with relationships and belongs to therapeutic style, the problem-solving approach to mediation falls into negotiating style and is concerned with reaching an agreement between parties of the conflict. If there is a need to solve the actual problem, the mediation focused on solving problems seems more fitting. If there is a need to understand and solve relationships between parties of the conflict, then the narrative mediation may be recommended.

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