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Introducing Mediation: A Multi-faceted Approach to Learning in Legal Education
A: INTRODUCTION
- This paper examines the outcomes of a programme which promoted student participation in
a range of teaching strategies. Specifically, the paper outlines the teaching strategies incorporated
into an introductory three hour legal studies lecture and in particular, examines student perceptions
of the value of being taught through a diverse range of activities.
- Section B of this paper will outline the format used in the lecture periods and discuss the rationale
behind the various teaching strategies. Section C will discuss the results of an evaluation
questionnaire which asked students to comment on the teaching strategies used in the programme.
Section D concludes the paper.
B: TEACHING FORMAT
- A three hour lecture and tutorial period was allocated to present an introductory workshop on the
theory and basic skills of mediation. The format was designed to raise awareness of mediation as a
form of dispute resolution, provide the opportunity for students to develop skills through a range of
teaching activities and test the students' perception of the efficacy of these various teaching
strategies. An evaluation questionnaire was administered at the conclusion of the workshop. While
this programme was designed to introduce students to mediation, the format has applications for the
teaching of other legal concepts and skills.
- The workshop required students to participate in a total of four activities including: a brainstorming
session; reading and discussion exercises; viewing audio-visual materials; and participating in a role
play. These activities were designed to promote verbal, audio-visual and hands-on learning
experiences for students and create opportunities for students to learn in ways which best suited
them.
- Johnstone[1] suggests that while the provision of a range of teaching
methods facilitates learning for all students, some students are particularly oriented towards certain
learning styles. Studies suggest that these styles may be identified as: convergers, who apply
themselves to practical tasks and problem solving; divergers, who are imaginative and take
information from different areas to merge them into a solution; assimilators, who are more abstract
in their focus and rely on theory; and accommodators who are intuitive and solve problems in a
hands on way.[2] The range of workshop activities was designed to
cater to these different learning styles while at the same time providing all students with the
opportunity to examine new ideas and concepts from different perspectives. The following analysis
briefly outlines the individual strategies used in the programme and discusses the rationale for their
inclusion in the programme.
(i) Brainstorm - discussion activity
- Students' understanding of mediation was surveyed in a twenty minute brainstorm activity conducted
at the start of the workshop. Brainstorming is a useful introductory exercise. It stimulates interest
in a topic and energises the group by encouraging students to share their ideas.[3] The question asked of students in this particular exercise was: "What do you
understand by the term mediation and what are its characteristics?" Asking this question enabled
the lecturer to establish the knowledge base of the students prior to the workshop. In the tradition of
brainstorming activities, students' comments were recorded on a white board by the lecturer and
critical judgements were suspended until all ideas had been recorded. This approach has been
identified as encouraging lateral or divergent thinking.[4] The responses
to the brainstorming session on mediation were as follows:
- mediation is what happens before going to court;
- mediation is an alternative to court legal action;
- mediation attempts to resolve conflict with a third party;
- the mediator should be knowledgeable in the area of dispute;
- mediation outcomes do not depend on who has the money;
- there are different types of mediation;
- mediation can help to narrow down and focus issues; and
- mediators are impartial.
- The responses indicated that students had some understanding of the mediation process. However,
they focussed mainly on the advantages of the process as compared to litigation, and tended not to
be critical or analytical.
- The benefits of using the brainstorming method were that students were required to articulate their
own understanding of mediation prior to participating in any other activities. All subsequent
activities were then built on the students' existing understanding with the lecturer adjusting these
activities to draw out issues not previously identified by students. Hounsell[5] has argued that this process of eliciting and exploring students existing
conceptions is an integral component of the teaching and learning process. An additional benefit was
that divergent learners were provided with an opportunity to use their strength in generating a wide
range of ideas about material.[6]
(ii) Reading Exercise
- Students were given a twenty minute reading exercise following the brainstorm discussion. This was
designed to supplement existing understanding by reading selected extracts of articles on the
advantages and disadvantages of the mediation process. Some students were given extracts which
dealt with the advantages of mediation while others were asked to read materials which highlighted
the limitations of the process. After reading, students were able to add to the initial points made
during the brainstorming session. These were also recorded on the white board by the lecturer. This
process enabled students to share their increased understanding of the area.
- It appeared that students had a clearer understanding of some of the pitfalls associated with
mediation and had a broader and more critical understanding of the issues following the reading
exercise. For example, students raised questions about the importance of accreditation of mediators.
Students also raised the issue of power dynamics between disputants, something which had not been
raised previously.
- The benefit of this activity was that students saved time by only reading one side of the argument
and there was an immediate discussion of the reading. The lecturer's role in this process was one of
facilitator rather than expert. This role was adopted to encourage students to take responsibility for
their own learning and to see written materials and the views of their peers as potential sources of
information.
(iii) Video
- The reading exercise was followed by a twenty minute video. The video was used as an introduction
to the various stages in the mediation process. Students were told that they would be invited to
participate in a role play after they had watched the video, where they would be required to work
through some of the stages in the mediation process. It was suggested that students should take
notes of the various stages outlined in the video.
- The video demonstrated a family law dispute where a couple had separated and needed to make
decisions about property, custody and access, and the terms of the separation itself. The role play,
which formed the basis for the next activity in the workshop, was also a family law dispute. In this
way, the video was used as a means by which students could model their behaviour in the role play
on those of the fictitious clients and mediator portrayed in the video. The video also helped
reinforce information provided in the brainstorming and reading activities. Studies suggest that
between 40-50% of student learning comes from combined visual and verbal activities, while only
15% come from either verbal or written activities alone.[7]
- Students were given the opportunity to ask questions about the issues raised in the video. The
various stages of mediation were briefly reviewed by the lecturer to ensure that all students had the
necessary information for the role play.
(iv) The Role Play
- A family law dispute was chosen as the focus of the role play activity as it was felt that most
students would have knowledge of this type of dispute either from personal experience or from
portrayals of such disputes in the media. As Hounsell[8] suggests, when
a concept "has been genuinely understood, it has been related by students to their prior knowledge
and experience and is perceived as helping them to make sense of the world around them".
- Students were divided into groups of three for this exercise. Individuals in each group chose the
role they would play: either mediator, female party or male party. Where groups had four people
(because of uneven class numbers), two people acted as co-mediators. Students had one hour to
reach an agreement on the distribution of a number of items of property which the couple had
accumulated during the course of their marriage. Only property issues were to be resolved in this
role play. Access, custody and separation issues were omitted due to time constraints.
- Role playing provides students with the opportunity to learn about legal problems in close to
authentic situations. It promotes student centred learning by using an experiential learning mode
drawing on students cognitive and affective development. As Goh[9]
observes, "cognitive development is associated with the brain and refers to knowledge acquisition.
... Affective development is linked to one's emotional response to learning". Role play stimulates
and enhances both of these important facets of learning. In addition, role play specifically caters to
students whose learning style favours active experimentation and hands-on learning experiences.[10] Students engaged readily in the role play activity. Interaction
noticeably increased during this exercise. At the end of 1 hour, all groups were required to report
the terms of their agreement which were recorded on a white board. Out of 11 groups, 10 reached
an agreed result. The various agreements reached by the groups promoted considerable discussion
in class.
- The terms of the agreements demonstrated that students had an understanding of the outcome of the
mediation process in that they generally provided a clear means by which the parties could resolve
their disputes within a certain time limit and conditional on certain events happening. During the
negotiation of the agreements, the quality of the mediator interventions were surprisingly high and
demonstrated an understanding of the requirement of impartiality and effective management of the
process. A general discussion about the effectiveness of the various agreements followed the role
play.
- Students were given an opportunity to review their part in the role play by being asked to report
what they found useful or difficult about the activity. Feedback suggested that the role play enabled
them to explore their own values and assumptions about mediation and that it had highlighted the
complexity of the mediation process. This concluded the workshop and students were asked to
complete an evaluation questionnaire (see Appendix 1 and Figure 1).
C: THE EVALUATION QUESTIONNAIRE
- The evaluation questionnaire asked students to indicate whether they agreed or disagreed with each
of ten statements made about their learning experience(Questions 1-10). Three additional questions
invited students to comment on the best and worst parts of the exercise and suggest any
improvements (Questions 11-13). A total of 39 students participated in the workshop activities and
all students returned the questionnaire.
- In response to Question 1, which asked students whether their understanding of the mediation
process had increased, decreased or remained the same, all students agreed that their understanding
had generally increased as a result of attending the workshop. Additionally, responses to Question 9
indicated that 97% of students had enjoyed the learning experience.
- Questions 2 and 3 asked students about the value of the group discussions and reading exercises.
Over 80% of students indicated that these activities had increased their understanding of the
mediation process.
- From responses to Question 4, 85% of students thought that reading articles on mediation increased
their ability to participate in the workshop. Similarly, Question 5 indicated that 98% of students
thought viewing the video had increased their ability to participate.
- In response to Question 6, all students agreed that taking a role in the mediation exercise increased
their awareness of the practical aspects of the mediation process. However, responses to Question
12, which asked about the worst part of the exercise, indicated that all students wanted the
opportunity to play the role of mediator rather than client. Responses to this question also indicated
that they had found it difficult to remain impartial and unbiased when acting as mediators. While
students identified this difficulty as the worst part of the exercise, their comments suggest that the
practical exercise had provided them with understanding of the inherent difficulties of the mediator's
role.
- Students appeared to enjoy the practical exercise. In response to Question 13, which asked for
students to suggest improvements, a number commented that they would have liked more time spent
on the role play. Additionally, 85% of students indicated in response to Question 10, that they
would like more lectures to contain practical exercises.
- In response to Question 8, students were equally divided between finding the video and the role
play/practical exercise the most useful aspect of the workshop. This response would seem to
support the contention that student learning is facilitated by a combination of visual and verbal
activities.[11] Question 7 asked students whether combining reading,
discussion and practical exercises had enhanced their understanding of the subject matter. All
students who responded to this question, agreed that this was the case. Additionally, in response to
Question 11, which asked students to identify the best part of the exercise, students indicated that
this was the combination of activities. Students also commented that the combination of activities
had enhanced their learning and had made learning fun and less threatening. The responses to
Questions 7 and 11 suggest that a multi-faceted approach is a useful learning tool to apply at the
tertiary level.
D: CONCLUSION
- While the results of this programme do not indicate whether student learning actually did improve,
they do indicate that students enjoy learning and feel they learn effectively from a diverse range of
learning activities. By including a range of teaching strategies in lectures which promote audio-
visual, verbal and hands-on learning experiences, we would suggest that learning is not only more
enjoyable for students, but that students may have the opportunity to learn more.
APPENDIX ONE - Evaluation of the Mediation Seminar
Please circle one of the responses provided under each question.
- Overall my understanding of the mediation process has:
- increased
- decreased
- remained the same
- Reading articles on mediation contributed to my understanding of the process:
- Participating in group discussions increased my understanding:
- Reading articles on mediation contributed to my ability to participate in the workshop:
- Viewing the video on mediation contributed to my ability to participate in the workshop
- Taking a role in the mediation exercise increased my awareness of the practical aspects of mediation:
- Combining reading, discussion and practical exercises enhanced my understanding of the subject matter:
- The most useful aspect of the lecture was the:
- reading
- discussion
- video
- practical exercise
- Overall I enjoyed this learning experience:
- I would like more lectures to contain practical exercises:
- The best thing about the exercise was: (please comment in the space below).
- The worst thing about the exercise was: (please comment in the space below).
- Can you suggest improvements: (please comment in the space below).
FIGURE 1
NOTES
[1] Richard Johnstone, 'Rethinking The Teaching of Law', (1992)
Vol 3 No. 1 Legal Education Review, 17 at page31.
[2] See McBer and Company, Learning Style Inventory, McBer
and Company, Boston, 1985; Bee Chen Goh, 'Some Approaches To Student Centred Learning'
(1994) Vol 28 No.2 The International Journal of Legal Education, 158-167.
[3] David Newble and Robert Cannon, A Handbook for Teachers
in Universities and Colleges, Kogan Page, London, 1991, 13.
[4] Bee Chen Goh, above note 2, at page 158.
[5] Dai Hounsell, 'Understanding Teaching and Teaching for
Understanding' in F. Marton et al (eds), The Experience of Learning, Scottish Academic Press,
Edinburgh, 1984, 195.
[6] Richard Johnstone, above note 1, at page 31.
[7] See Bee Chen Goh, above note 2, at page 160.
[8] Dai Hounsell, above note 5, at page 192.
[9] Bee Chen Goh, above note 2, at page 160.
[10] Richard Johnstone, above note 1, at page 31.
[11] See Bee Chen Goh, above note 2, at page 160.
Document authors: Sonia Walker and Helen Shurven
Document creation: December, 1996
HTML document preparation: Aidan Kelly, Associate Editor, E Law
HTML last modified: January 27, 1997 - 10:32 PM
Modified by: Brett Lester, Assistant Technical Editor, E Law
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