Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2019) Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set. In: International Conference on the Future of Law & Legal Practice 2019, 15 - 16 October 2019, Dorsett Grand Subang Jaya, Kuala Lumpur. (Unpublished)
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Abstract
It is undeniable that the alternative mode of dispute resolution such as mediation and conciliation is in most circumstances able to improve the strain relationship between the disputants. Adjudication before the court would be as the last resort only when the parties are unable to resolve the dispute amicably. To this end, members of the legal fraternity have to place clients’ interests above their own, and have to discard their litigation mind-set and promote, for example, 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 mediation is implemented. The adversarial ‘hired-gun’ mind-set has to be corrected. Hence, this paper proposes that the law school curriculum must move away from the adversarial nature of teaching and training lawyers by integrating alternative dispute resolution system. The law school curriculum must stress on lawyers’ problem-solving (instead of problem-making) skills, i.e. emphasis on dispute settlement as opposed to litigation. The law students ought to be taught the basic concept of alternative dispute resolution at the earliest stage of their legal education. The mediation/conciliation skills should be integrated into substantive law subjects and to be reflected in the curriculum, teaching and examination. By having such a programme, it is hoped that the would-be lawyers should be imbued with a mind-set of problem-solving and not just acquiring the skills of advocacy in litigation.
| Item Type: | Conference or Workshop Item (Plenary Papers) |
|---|---|
| Additional Information: | 2924/78237 |
| Uncontrolled Keywords: | Litigation, Mediation, Law School Curriculum, Problem Solving Skills |
| Subjects: | K Law > K Law (General) K Law > K100 Legal Education K Law > K85 Legal research K Law > KD England and Wales |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law |
| Depositing User: | Dr. Muhamad Hassan Ahmad |
| Date Deposited: | 29 Jan 2020 12:18 |
| Last Modified: | 29 Jan 2020 12:18 |
| URI: | http://irep.iium.edu.my/id/eprint/78237 |
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