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Published byPamela Bates Modified over 6 years ago
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Teaching Dispute Resolution in the First Year for Law Student Well-Being
James Duffy – Lecturer, Queensland University of Technology Rachael Field – Associate Professor, Queensland University of Technology
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Introduction Dispute resolution (DR) should be a mandatory stand alone subject in the law degree Teaching dispute resolution can support student well- being at law school. But also … If we accept the centrality of DR to current legal practice, then DR should be taught to law students to prepare them for that practice, and for the stresses and rigours of practice.
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Our goal is to … Work to encourage law faculties to rethink their curriculum content to include DR. Help to overcome the persistent resistance to the idea of DR as an important subject in the law degree – for example, that DR is a soft option, not ‘proper’ law etc. See every law school in Australia teaching DR as a mandatory stand alone subject.
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10 Good Reasons why DR should be a mandatory subject in the law degree
Current teaching, which excludes explicit DR instruction, does not reflect the realities of legal practice. Participation in DR processes is mandatory under certain legislation Legal practitioners have a duty to advise clients about ADR processes. ADR instruction allows students to appreciate the importance of emotion (and emotional intelligence) in the resolution of disputes. Lawyers need to better understand the nature and theory of conflict.
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10 Good Reasons why DR should be a mandatory subject in the law degree
6. It is impossible to satisfy the Threshold Learning Outcomes for Law (TLOs) without exposing students to DR instruction 7. DR instruction can help students to develop a positive professional identity. 8. NADRAC supported the mandatory inclusion of DR in the law curriculum 9. Law students are demanding DR knowledge and skills 10. Teaching DR supports law student psychological well- being
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Teaching DR can support law student psychological well-being
Moving away from adversarialism. Moving away from zero-sum games. Putting the people back into the story. Harnessing SDT theory: autonomy, competence, relatedness. Harnessing intrinsic motivators. Increasing student engagement, interaction with peers and sense of belonging at law school.
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