1. 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

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

3. 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

4. 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

5. 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

6. 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

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

8. 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

9. 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

10. 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

11. 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

12. 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 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

13. 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

14. 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

15. 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

16. 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

17. Thank You