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Re-imagining legal education: mediation and the concept of neutrality
Journal article   Open access   Peer reviewed

Re-imagining legal education: mediation and the concept of neutrality

Susan Douglas and Kathy Douglas
Journal of the Australasian Law Teachers Association, Vol.7(1-2), pp.1-12
2014
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Abstract

Law and Legal Studies Education Commerce, Management, Tourism and Services mediation legal education alternative dispute resolution (ADR)
Mediation is a standard part of present-day legal practice as it is the most popular of alternative dispute resolution (ADR) options used in courts. Mediation has a pivotal role to play in reimagining legal practice away from dependence on an adversarial frame of reference to a range of collaborative problem-solving options. Neutrality is a contested core concept for the theory and practice of mediation. Engaging with contested constructs of the meaning of neutrality is a useful vehicle for law students to think critically about legal practice and their role within it. It is a concept that introduces students to socio-legal theory and broadens their thinking beyond a traditional legal methodology to a more self-reflective and critical standpoint. This paper explores the work of Paul Ramsden, his theories of teaching and his concept of a 'deep approach to learning', as a framework for teaching students about neutrality in mediation

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