Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set
Alternative modes of dispute resolution such as mediation and conciliation are, in most circumstances able to improve the strain relationship between the disputants. Only when the parties are unable to resolve the dispute amicably would adjudication before the court become necessary as the las...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
LexisNexis
2019
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/78228/1/IREP%20ARTICLE%20MCP%20Bulletin%20IMBUE%20PROBLEM%20SOLVING%20SKILLS.pdf http://irep.iium.edu.my/78228/ |
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| Summary: | Alternative modes of dispute resolution such
as mediation and conciliation are, in most
circumstances able to improve the strain
relationship between the disputants. Only when the
parties are unable to resolve the dispute amicably
would adjudication before the court become
necessary as the last resort. To this end, members of
the legal fraternity would have to place their clients’
interests above their own, and to discard their litigation based
mindset, promoting mediation although it may
lead to less revenue. Individual lawyers who earn a
living from the fee he/she charges the client may not
be receptive of mediation because there would be
a lesser role for them if it was implemented. Hence,
this adversarial ‘hired-gun’ mindset should be steered
away from. This paper aims to propose a change in
the law school curriculum which would shift away
from the adversarial nature of teaching and training
of lawyers and to place an emphasis on dispute
settlement as opposed to litigation. Would-be lawyers
ought to be taught the basic concept of alternative
dispute resolution at the earliest stage of their
legal education. At the same time, mediation skills
should be integrated into substantive law subjects
and to be reflected in the curriculum via teaching
and examinations. By having such a programme,
it is submitted that the would-be lawyers should be
inclined towards solving client’s problem through
alternative modes instead of litigating disputes. |
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