IntroductionFor some time now experiential learning in its various forms has been a part of many law schools' curricula in the United States, Canada and Australia, where law is predominantly studied at graduate level. The teaching and learning approach has also gained momentum in UK law schools; it is not uncommon at postgraduate level (BPTC and LPC), 2 has been incorporated in many different ways within the undergraduate LLB curriculum too and in some cases linked to credit-based 1 The study was entitled "An Investigation into Law Students' Perceptions of the Efficacy of Role-play Simulation as a Means ofStudying Mediation", submitted by Ben Waters as a dissertation for the final stage of a Masters Degree in Education 2012. 2 Aspiring "lawyers" in the UK study law as an undergraduate degree during the academic stage of their training. The UK retains a dual legal profession and students proposing to qualify as lawyers then pursue the practical or vocational part of their legal training and will choose either the Bar Practice Training Course, if they wish to be Barristers, or the Legal Practice Course, if they wish to be Solicitors. The final professional stage of a lawyer's training in the UK requires them to successfully complete a two year training contract to qualify as a Solicitor or a one year pupillage to qualify as a Barrister. 2 assessment.3 Research is currently being undertaken into the use of and engagement with clinical legal education in UK Law Schools. 4 This article briefly examines the landscape of experiential learning within the UK undergraduate law curriculum, the value of role-play simulation in the learning process, the rationale behind a very small-scale empirical research study undertaken by writer, its methodology and the study's outcomes from which it will be proposed to advance the notion that experiential learning does not have to be "real-time" for students to learn experientially.5 Furthermore, a case is made for role-play simulation to be considered as an effective substitute where the constraints of other experiential learning approaches, perhaps due to institutional culture, staffing availability or on the grounds of cost, can prohibit or limit experiential learning theory (ELT) engagement. Experiential learning; the opportunities available in legal educationThose who have been involved in developing experiential learning opportunities within law schools will be aware that it can be implemented in many different ways. The approach may be delivered effectively through work-based learning, placements/internships, community-based projects/individual studies, 'live clinics', problem-based learning strategies and observations. 6 However some law graduates wanting to enter the UK legal profession will only encounter a court room for instance for the first time when they enter practice. Why leave it until the training contract or pupillage for students to experience aspects of the professional world for real?Role-play simulation exercises are arguably an effective way of engaging...
Civil justice reviews over the past 20 years have encouraged the use of alternative dispute resolution (ADR) and particularly mediation. Mediation is arguably now becoming more mainstream in terms of dispute resolution process choice. In some instances law changes have been introduced requiring parties in dispute to consider using mediation; similarly, lawyers have an ethical responsibility to provide advice to their clients about the range of dispute resolution processes available. What is lacking however is a corresponding appreciation of the changing attitudes to the teaching of dispute resolution in the majority of UK Law Schools, where the promotion of adversarialism within the curriculum appears to remain the focus as the primary and only method of dispute resolution. The article argues that this is unreflective of current attitudes and thinking towards dispute resolution in most common law countries, where litigation is no longer necessarily the primary dispute resolution process of choice. Whilst there was token appreciation of the importance of mediation advocacy and its inclusion recommended within the Bar Practice Training Course (BPTC), the recent Legal Education Training Review was silent on any suggestions about the inclusion of dispute resolution based curriculum content at any stage of legal education in England and Wales. The article will explore the histo i al de elop e t of la e s attitudes to dispute esolutio ithi the i il justice arena and a ade i s tea hi g of curriculum associated with it in UK Law Schools. The article will pose questions on why recent legal history suggests that Law Schools should now perhaps take a more socio-legal approach to their curriculum content and embrace the teaching of dispute resolution as a defined subject area for the twenty-first century law school.
No abstract
There is no reason to suppose that the world had a beginning at all. The idea that things must have a beginning is really due to the poverty of our imagination. Therefore, perhaps, I need not waste any more time upon the argument about the First Cause.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.