I am often dismayed at how poorly prepared some lawyers are for mediation. They are usually skilled and experienced family lawyers. They certainly know the law. But they often do not fully understand how to use the mediation process to their client’s best interests.
This can result in lost opportunities for both clients to reach strong, creative and effective outcomes in mediation.
And so I am always glad to see young law students learning the art and science of mediation advocacy.
The annual Canadian Mediation Advocacy Competition takes place next month over four days in downtown Toronto. I am co-coaching the team from the University of Western Ontario law school, along with Professor Michael Coyle from the law faculty.
Two third-year students– Beth Church and Philip Turi– and two second-year students– Heather Alexander and Brent McQuestion– form this year’s team.
We give the students a number of legal disputes scenarios in which the two “lawyer-client” teams seek a negotiated resolution with the assistance of a mediator. They have learned how to work effectively with a mediator to stay focused on finding outcomes that meet the real needs of both parties. This is hard work. The concepts of “interest-based bargaining” are relatively easy to grasp in the abstract but much harder to apply in real disputes.
This competition gives the students a nearly-real opportunity to hone their skills and gain valuable experience in mediation advocacy.
Of course, we would like to win the competition; the winning team gets sent to participate in the International competition in Paris. But the experience itself is good enough too. The competition is open to the public so feel free to stop by and watch some great mediation advocacy!
