Legal advisers require an understanding of this area of the legal process if they are work effectively with clients. Most legal education in common law systems revolves around the interpretation and development of the law by decisions made by courts in the process of litigation. In doing so it tends to foster the assumption that litigation, or legal advice predicting the outcome of litigation, is the normal method of resolving disputes, and both substantive and skills training is largely geared to this assumption. In fact only a small proportion of disputes are resolved by litigation and there is a growing dissatisfaction with the costs, slowness and adversarial character of litigation, and a corresponding interest in alternative forms of dispute resolution. The courts themselves are introducing court annexed mediation.
Students undertake a two hour negotiation class and preparation by students is required.
Students are divided into pairs by ballot and are expected to negotiate a simple matter. At the conclusion of this class the students are requested to record the outcome of the agreement and hand this in at the next class. Students also undertake a two hour mediation class which briefly covers mediation of commercial disputes and spends most of its time on mediation of neighbourhood and family disputes. The relationship of 'alternative' methods to the formal justice system is considered. The application of alternative methods in several areas of law is examined.