Open Forum

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  • 1.  ADR mandatory in Law Schools- New Zealand and Australia

    Posted 13-12-2022 12:54 AM
    "We should make ADR a mandatory subject for teaching lawyers- we should put it on the bar examination, so before you become a lawyer, you will have to study ADR. When you think about the popular media, what impression do people have of lawyers and conflict resolution? They see programmes about courtrooms and trials but do not see shows about mediators. There was a show in the US called 'fairly legal' that ran for three seasons and then died; it is a show all about mediators, but it seems that the popular chase finds conflict more entertaining than peace-making"-David .A. Hoffman, Excerpts from Expert Views on ADR (EVA) Podcast-Episode 24 

    a) What is your take on the excerpts mentioned above?

    b) Is ADR mandatory in law schools in New Zealand and Australia?


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    Chinwe Egbunike-Umegbolu
    PhD | Part-time lecturer |ADR Blogger |Host and Producer of Expert Views on ADR (EVA)
    University of Brighton
    Brighton
    7413963906
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  • 2.  RE: ADR mandatory in Law Schools- New Zealand and Australia

    Posted 13-12-2022 07:27 AM
    This should be a no-brainer! ADR is the present and the future. Litigation is fast becoming regarded as a costly and less civilised last resort to a dispute.

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    Jane Ross
    Jane Ross Mediation
    Tranmere TAS
    0408 651 421
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  • 3.  RE: ADR mandatory in Law Schools- New Zealand and Australia

    Posted 14-12-2022 11:11 PM
    Yes, you are right!  Thank you, Jane, for your contribution.

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    Chinwe Egbunike-Umegbolu
    PhD | Part-time lecturer |ADR Blogger |Host and Producer of Expert Views on ADR (EVA)
    University of Brighton
    Brighton
    7413963906
    ------------------------------



  • 4.  RE: ADR mandatory in Law Schools- New Zealand and Australia

    I'mLinkedIn
    Posted 13-12-2022 09:11 AM
    QUT already does, I am sure

    A S G Photiadis

    Lawyer/Mediator





  • 5.  RE: ADR mandatory in Law Schools- New Zealand and Australia

    Posted 14-12-2022 11:12 PM
    Hi Anthony,

    Please, what is the meaning of QUT?

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    Chinwe Egbunike-Umegbolu
    PhD | Part-time lecturer |ADR Blogger |Host and Producer of Expert Views on ADR (EVA)
    University of Brighton
    Brighton
    7413963906
    ------------------------------



  • 6.  RE: ADR mandatory in Law Schools- New Zealand and Australia

    I'mLinkedIn
    Posted 13-12-2022 03:53 PM
    Kia ora from NZ

    Well, it has been a very long time since I completed my law degree and my bar examination however, I agree with your statement. It was during 2nd or 3rd year at law school that our law professor invited in a tenancy tribunal mediator who also happened to be a Māori woman. I was so mesmerised by what she was saying and I knew immediately that this was a field I wanted to practice in when the time was right.  My understanding (happy to be corrected) is that ADR was a post graduate qualification following the completion of a law degree but that qualification has been discontinued at the university that I studied at.  

    In terms of pros and cons, one of the challenges of mediation/facilitation is that doesn't create case law and, yes, I used to run home from the law library to get my weekly fix of Boston Legal.  

    Christina
    MSc mediation and dispute resolution (UK)

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    Christina Tay
    Victoria University
    Roseneath
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  • 7.  RE: ADR mandatory in Law Schools- New Zealand and Australia

    Posted 14-12-2022 11:32 PM
    During my days in Law school in  Nigeria, ADR was not offered. However, during my undergraduate, it was offered as an elective. Of course, it has its pros and cons hence the need for a balanced story -let students have a feel of both and then decide...
    Thank you so much for your contribution.
    There is a need for more research on the above subject matter... I'll get every one of you on my podcast Expert Views on ADR (EVA) to discuss this further.

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    Chinwe Egbunike-Umegbolu
    PhD | Part-time lecturer |ADR Blogger |Host and Producer of Expert Views on ADR (EVA)
    University of Brighton
    Brighton
    7413963906
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  • 8.  RE: ADR mandatory in Law Schools- New Zealand and Australia

    Early Adopter
    Posted 14-12-2022 10:35 AM
    At La Trobe Law School, Dispute Resolution is now a requirement for all students in the first semester and an elective for others. Given that all lawyers will either be involved in drafting clauses in contracts, advising clients or representing them as advocates in DR/ADR proceedings, this is a very welome development. Particluarly in mediation, many lawyers have not learned the proper advocacy skills so this will help to change things going forward.

    I also always recommend a meiation cours even if not for ccreditation, as the skills are the same for the most part.

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    Donna Ross
    International ADR Practitioner
    Donna Ross Dispute Resolution
    Melbourne VIC
    6.10412E+11
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  • 9.  RE: ADR mandatory in Law Schools- New Zealand and Australia

    Posted 14-12-2022 11:08 PM
    That's interesting to know that La Trobe School offers mediation during the first semester; I hope other jurisdictions follow suit. Thank you so much for your contribution.

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    Chinwe Egbunike-Umegbolu
    PhD | Part-time lecturer |ADR Blogger |Host and Producer of Expert Views on ADR (EVA)
    University of Brighton
    Brighton
    7413963906
    ------------------------------