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5 - Bringing ODR to the Legal Education Mainstream

Findings from the Field

Published online by Cambridge University Press:  30 December 2019

Catrina Denvir
Affiliation:
Monash University, Victoria
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Summary

The field of dispute resolution has long been at the forefront of modernising legal education. Continuing this tradition, this chapter presents findings from an evaluation of an exercise introduced into the core law school curriculum at Monash University in Australia. In our compulsory litigation and dispute resolution units, we built an experiential exercise in which students resolved a dispute using both an online dispute resolution (ODR) platform and more traditional face-to-face mediation role-play. Students completed a short survey about their experience of the portal (n=64, response rate 30 per cent) and provided their reflective journals about the exercise for analysis (n=55). Drawing on the findings, we consider the benefits and limitations of this approach for facilitating students’ exposure to ODR. We explore themes including student understanding of ODR’s impacts on dispute processes and outcomes; appropriate conduct in dispute resolution settings; and the challenges of computer-mediated communication. We also identify means by which experiential activities can draw students’ attention to power disparities and access to justice challenges in ODR to develop their critical thinking about the rapid developments in this field.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2020

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References

Armstrong, S, ‘Is Robotic or Online Dispute Resolution the Future?’ (The Australian Dispute Resolution Research Network, 19 July 2016) https://adrresearch.net/2016/07/19/is-robotic-or-online-dispute-resolution-the-future/ accessed 22 January 2019Google Scholar
Australian Law Reform Commission, ‘Review of the Family Law System’ (Australian Law Reform Commission 2018) www.alrc.gov.au/sites/default/files/dp86_review_of_the_family_law_system_4.pdf accessed 22 January 2019Google Scholar
Burns, K and Corbin, L, ‘E-Professionalism: The Global Reach of the Lawyer’s Duty to Use Social Media Ethically’ [2016] Journal of the Professional Lawyer 153Google Scholar
Corbin, L, Baron, P and Gutman, J, ‘ADR Zealots, Adjudicative Romantics and Everything in between: Lawyers in Mediations’ (2015) 38(2) University of New South Wales Law Journal 492Google Scholar
Douglas, K, ‘Mediation Accreditation: Using Online Role Plays to Teach Theoretical Issues’ (2007) 18(2) Australasian Dispute Resolution Journal 92Google Scholar
Douglas, K, ‘The Teaching of ADR in Australian Law Schools: Promoting Non-Adversarial Practice in Law’ (2011) 22(1) Australasian Dispute Resolution Journal 49Google Scholar
Douglas, K, ‘The Role of ADR in Developing Lawyers’ Practice: Lessons from Australian Legal Education’ (2015) 22(1) International Journal of the Legal Profession 71Google Scholar
Duffy, J and Field, R, ‘Why ADR Must Be a Mandatory Subject in the Law Degree: A Cheat Sheet for the Willing and a Primer for the Non-Believer’ (2014) 25(1) Australian Dispute Resolution Journal 9Google Scholar
Ebner, N and others, ‘You’ve Got Agreement: Negoti@ting via Email’ (2009) 31(2) Hamline Journal of Public Law & Policy 427Google Scholar
Ebner, N and Zeleznikow, J, ‘No Sheriff in Town: Governance for Online Dispute Resolution’ (2016) 32(4) Negotiation Journal 297Google Scholar
Farrow, TCW, ‘Dispute Resolution, Access to Civil Justice and Legal Education’ (2004) 42(3) Alberta Law Review 741Google Scholar
Fisher, T, Gutman, J and Martens, E, ‘Why Teach ADR to Law Students – Part 2: An Empirical Survey’ (2007) 17(2) Legal Education Review 67Google Scholar
Forman, J and Damschroder, L, ‘Qualitative Content Analysis’ in Jacoby, Liva and Siminoff, Laura A (eds.), Empirical Methods for Bioethics: A Primer (Advances in Bioethics, Volume 11) (Emerald Group Publishing Limited 2007)Google Scholar
Goldberg, J, ‘Online Alternative Dispute Resolution and Why Law Schools Should Prepare Future Lawyers for the Online Forum’ (2014) 14(1) Pepperdine Dispute Resolution Law Journal 1Google Scholar
Courts, HM and Service, Tribunals, ‘HMCTS Reform Programme Projects Explained’ (gov.uk, 20 June 2018) www.gov.uk/guidance/hmcts-reform-programme-projects-explained accessed 22 January 2019Google Scholar
Holland, C and Taylor, D, ‘Was That Said With a Smile?: Factors Influencing Effective Online Negotiations’ (2016) 27 Australian Dispute Resolution Journal 103Google Scholar
Katsh, E and Rule, C, ‘What We Know and Need to Know about Online Dispute Resolution’ (2015) 67 South Carolina Law Review 329Google Scholar
Lasprogata, GA, ‘Virtual Arbitration: Contract Law and Alternative Dispute Resolution Meet in Cyberspace’ (2001) 19(1) Journal of Legal Studies Education 107Google Scholar
Law Admissions Consultative Committee, ‘Prescribed Academic Areas of Knowledge’ (Law Council of Australia, December 2016) www.lawcouncil.asn.au/resources/law-admissions-consultative-committee/documents-about-present-admission-policies accessed 23 January 2019Google Scholar
Macduff, I, ‘Using Blogs in Teaching Negotiation: A Technical and Intercultural Postscript’ (2012) 28(2) Negotiation Journal 201Google Scholar
Macduff, I, ‘“Stand by Your Devices”; or “Access through the [Virtual] Looking Glass”’ (Kluwer Arbitration Mediation Blog, 26 February 2016) http://mediationblog.kluwerarbitration.com/2016/02/26/stand-by-your-devices-or-access-through-the-virtual-looking-glass/ accessed 23 January 2019Google Scholar
Menkel-Meadow, C, ‘Is ODR ADR? Reflections of an ADR Founder from 15th ODR Conference, the Hague, the Netherlands, 22–23 May 2016’ (2016) 3(1) International Journal of Online Dispute Resolution 4Google Scholar
Monash University, ‘LAW5460 – Online Dispute Resolution’ (Unit Handbook, 2018) www.monash.edu/pubs/2018handbooks/units/law5460.html accessed 23 January 2019Google Scholar
Oncu, S and Cakir, H, ‘Research in Online Learning Environments: Priorities and Methodologies’ (2011) 57(1) Computers & Education 1098Google Scholar
Ponte, LM, ‘The Case of the Unhappy Sports Fan: Embracing Student-Centered Learning and Promoting Upper-Level Cognitive Skills Through an Online Dispute Resolution Simulation’ (2006) 23(2) Journal of Legal Studies Education 169Google Scholar
Productivity Commission, ‘Access to Justice Arrangements’ (Commonwealth of Australia 2014) www.pc.gov.au/inquiries/completed/access-justice/report accessed 23 January 2019Google Scholar
Rainey, D, ‘Teaching Online Dispute Resolution: Results from a Survey of Students’ (Mediate, 2 August 2010) www.mediate.com/articles/raineyd1.cfm accessed 23 January 2019Google Scholar
Rundle, O and Hiller, S, ‘Teaching Self-Reflection to Law Students in a Dispute Resolution Unit’ (2012) 23(3) Australasian Dispute Resolution Journal 169Google Scholar
Ruyters, M, Douglas, K and Law, SF, ‘Blended Learning Using Role-Plays, Wikis and Blogs’ (2011) 4(4) Journal of Learning Design 45CrossRefGoogle Scholar
Ryan, M and Ryan, M, ‘Theorising a Model for Teaching and Assessing Reflective Learning in Higher Education’ (2013) 32(2) Higher Education Research & Development 244Google Scholar
Salter, S, ‘Online Dispute Resolution and Justice System Integration: British Columbia’s Civil Resolution’ (2017) 34(1) Windsor Yearbook of Access to Justice 112Google Scholar
Seielstad, AM, ‘Enhancing the Teaching of Lawyering Skills and Perspectives through Virtual World Engagement’ (2012) 7(1) University of Massachusetts Law Review 40Google Scholar
Simmons, ME and Thompson, D, ‘The Internet as a Site of Legal Education and Collaboration Across Continents and Time Zones: Using Online Dispute Resolution as a Tool for Student Learning’ (2017) 34(1) Windsor Yearbook of Access to Justice 222Google Scholar
Sourdin, T, Alternative Dispute Resolution (5th edn, Thomson Reuters 2015)Google Scholar
Sourdin, T, ‘Justice and Technological Innovation’ (2015) 25(2) Journal of Judicial Administration 96Google Scholar
United Nations Commission on International Trade Law, ‘Report of Working Group III (Online Dispute Resolution) on the Work of Its Thirty-Third Session (New York, 29 February – 4 March 2016)’ (United Nations 2016) 49th Session http://undocs.org/en/a/cn.9/868 accessed 11 March 2016Google Scholar
Victorian Department of Justice & Regulation, ‘Access To Justice Review – Volume 2 – Report and Recommendations’ (Department of Justice and Regulation 2016) https://engage.vic.gov.au/download_file/845/612 accessed 24 April 2019Google Scholar
Waters, B, ‘The Importance of Teaching Dispute Resolution in a Twenty-First-Century Law School’ (2017) 51(2) The Law Teacher 227Google Scholar
Wolski, B, ‘The Truth about Honesty and Candour in Mediation: What the Tribunal Left Unsaid in Mullins’ (2012) 36(2) Melbourne University Law Review 706Google Scholar
Wolski, B, ‘On Mediation, Legal Representatives and Advocates’ (2015) 38(1) University of New South Wales Law Journal 5Google Scholar
Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and Amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC [2013] OJ L 165Google Scholar

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