St. John's Law Review

ADR Education From a Litigator/Educator Perspective

By: Michael C. Bryce

As law schools near the end of their first decade in the 21st Century, questions of the efficacy of legal education are coming to the fore. The Clinical Legal Education Association (CLEA) has just released a lengthy report on changes that need to be made to improve legal education, and the Carnegie Foundation for the Advancement of Teaching has also released a report finding that legal education is not sufficiently meeting the needs of law graduates in preparing them for the practice of law. The concept of learning to “think like a lawyer,” through case studies from books, is no longer considered sufficient preparation for law graduates, if it ever was.

One litigator/educator, however, sees an area where law schools are utilizing good legal andragogy and ensuring students learn theory and doctrine into practice. It is being accomplished through mediation learning and clinics, with the use of simulations and experiential learning

The efficacy of the mediation learning is evidenced by the variety of methods used to teach the mediation course and clinic, including: lecture, numerous readings, class interaction, demonstration and modeling, case studies, media presentations and role plays, and actual clinic mediations, along with constant feedback. Students are motivated in working together, with boredom regarded as the biggest enemy to their learning.

The successful learning techniques utilized in mediation learning and clinics can be found in educational methods that have been with us for over 400 years, i.e., Jesuit Education. The Jesuits devoted their lives to learning, and they realized that simply lecturing to students would bore them, thus leading students to not listen and not learn. (“What is taught must be caught.”) Early on the Jesuits developed a number of concepts that resulted in successful communication, motivation, and learning. These concepts included:

  1. Care for the Individual Student (cura personalis);
  2. Dividing larger classes into breakout groups;
  3. Utilizing active learning with a variety of stimulating exercises;
  4. Structuring the learning process so the students learn in sequence;
  5. Use of repetition and review, allowing learning to be reinforced;
  6. Incorporating visuals and drama to allow for visual learning as well
    as further experiential learning;
  7. Conducting “prelection,” whereby students are apprised of what they
    will be learning next and provided a roadmap for learning it;
  8. Providing feedback and guidance to the students.

These concepts are now successfully being utilized in mediation learning and clinics, providing one answer to the concerns raised about legal education. It is hoped this method will be further utilized by law schools, including increased interaction among faculty and students, with added mentoring for future lawyers (cura personalis).