Bridging the Academic/Vocational Divide in Legal Education Learning and Teaching Conference Durham University Dr. Ronán Feehily Tuesday 13 September 2016 Dr. Ronán Feehily | Learning and Teaching Conference 2016

Opening Thought “ If I’d asked my customers what they wanted, they’d have said ‘a faster horse’” - Henry Ford(1863-1947), Founder of the Ford Motor Company Dr. Ronán Feehily | Learning and Teaching Conference 2016

Overview Background Methods of Dispute Resolution Process Selection and Design Defining the Mediation Process Mediated Solutions Problem Based Learning Mixed Method- Quantitative and Qualitative The Lost Lawyer Dr. Ronán Feehily | Learning and Teaching Conference 2016

Background Conventional legal processes A ‘perfect right’ A warmer way of disputing The limits of adjudication and the possibilities of ADR ADR and conventional litigation Dr. Ronán Feehily | Learning and Teaching Conference 2016

Methods of Dispute Resolution Methods involving private decision making by parties Informal discussion and problem solving Negotiation Mediation Conciliation Facilitation Mini-trial Dr. Ronán Feehily | Learning and Teaching Conference 2016

Methods of Dispute Resolution Methods involving adjudication by a third party Arbitration Expert valuation Fact-finding Hybrid forms of dispute resolution Med-Arb Arb-Med Dr. Ronán Feehily | Learning and Teaching Conference 2016

Process Selection and Design Transaction Costs Satisfaction with outcomes Effect on the relationship Recurrence Dr. Ronán Feehily | Learning and Teaching Conference 2016

Defining the Mediation Process “Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution.” -Centre for Effective Dispute Resolution (CEDR) Dr. Ronán Feehily | Learning and Teaching Conference 2016

Mediated Solutions Parties empower themselves to resolve the dispute Forward looking solution- imagination and resourcefulness The Parties determine the future- interests over rights A commercial process- with the law defining the appropriate limitations Dr. Ronán Feehily | Learning and Teaching Conference 2016

Problem Based Learning Starting point- problems, tasks and unexpected situations Unconventional- the problem comes first Define the problem and explore solutions Team based exploration and analysis Real life problems and no right answer Encourages deep learning, independence, motivation Learners construct knowledge for themselves Students are partners rather than simply recipients Dr. Ronán Feehily | Learning and Teaching Conference 2016

PBL Assignment Organised into groups (5 students)- diversity Dispute between business parties Facts to be read and understood as individually Identify process(es) to resolve and possible outcome Use prior knowledge- tort, contract, equity, ICDR Define the legal limits Roll-play- different perspectives (tutor assistance) Record the results- reflect differences and consensus Class discussions and new information Dr. Ronán Feehily | Learning and Teaching Conference 2016

Class Profile 28 LLM students participated 16 (57.14%) were male, 12 (42.86%) were female Age profile ranged from 22 years to 71, mean of 28.39 years Ethnicity- 26 students (92.85%) Mauritian 1 student (3.57%) British/Mauritian 1 student (3.57%) mainland African 8 (28.57%) full time students 5 students (17.86%) were legal professionals 23 students (82.14%) from varied professions 15 students (53.57%) had no experience of PBL Dr. Ronán Feehily | Learning and Teaching Conference 2016

Questionnaire Results All participants believed that PBL assisted them to learn about and critically analyse the subject area 26 students (92.86%) believed PBL developed lawyering skills. 21 students (75%) studied law as undergraduates 7 students (25%) never studied law before 24 students (85.71%) enjoyed the PBL exercise more than standard lectures 26 students (92.86%) believed PBL made them more interested in the subject 16 students (57%) wanted more facilitator involvement Dr. Ronán Feehily | Learning and Teaching Conference 2016

Questionnaire Results 22 students (75%) prefer if more classes used PBL 25 students (89.29%) believed PBL should be used in other modules 19 students (68.86%) had experience with litigation or ADR All students believed the PBL exercise helped them relate the theory they learned in class to practice 21 students (75%) believed that the PBL exercise should be a compulsory part of the module 27 students (96.43%) felt engaged during the PBL exercise 27 students (96.43%) believed that the exercise helped to develop their problem solving skills Dr. Ronán Feehily | Learning and Teaching Conference 2016

PBL Assessment Reflective Diary 2000 word formative assignment Primary: performance in a professional environment Group contribution- selecting the process Assistance in reaching an effective conclusion Upon reflection- how does the student view their contribution and critically, what have they learned from the process and how would they approach a similar situation differently in future Dr. Ronán Feehily | Learning and Teaching Conference 2016

The Lost Lawyer Unacceptably wide gap- justice and judgement Settlement through personal power and autonomy The ‘golden rule of justice’ Collapse of the ideal of the Lawyer Statesman Allegiance to a distinctive ideal of professional excellence Spiritual crisis affecting the legal profession Set of values- good judgement and public spirited devotion to the law over technical competence Dr. Ronán Feehily | Learning and Teaching Conference 2016

Thank You