Mediation: Framing a Clil Course

Elena Vyushkina

doi:10.2478/slgr-2018-0012

Abstract

Abstract Mediation in a legal sense is a means of alternative dispute resolution (ADR). Having evolved in the USA in the last half of 20th century the procedure is growing in popularity and proliferation all over the world. Many countries enacted particular legislation, and others included relevant articles into Civil and/or Criminal Procedure Codes. Howbeit, lawyers are to be aware of mediation and roles they may play within the process. Law school curriculum drafters face the challenge of including a new up-to-date course in mediation into busy and very full academic programmes. Analysis of existing instructing practice showed that in Anglo-American law schools mediation teaching is a part of clinical legal education. As for European countries, there is a broad range of scenarios and no established experience. Recognition of communicative skills as key skills for mediators prompts the use of a CLIL approach in structuring such a course. Listening, reframing, summarising, questioning are skills to be mastered by law-students both in a foreign language and their mother tongue. Language teachers are in charge of this part of the course while law teachers can work out text contents built on the branches of law mediators deal with more often (family law, employment law, contracts, etc.). Moreover, some texts may cover mediation law in a home country and abroad. Another important factor to take into account is a career path chosen by a law-student – if s/he is going to become a mediator or a lawyer securing clients in mediation. Role plays and scenarios are an integral part of the course. Moreover, the course developed can serve as an introduction to internship in a law clinic.

Highlights

Mediation in various forms has existed since the dawn of civilisation
Mediation spread beyond labour dispute resolution and in 1998 the Interagency alternative dispute resolution (ADR) Working Group was established in the US
The aim of this paper is to present an experimental CLIL course in mediation

Summary

Introduction

Mediation in various forms has existed since the dawn of civilisation. One can find references to mediation in the Bible, in ancient Greek or in Chinese history. Mediation is a way of alternative dis-. Mediation spread beyond labour dispute resolution and in 1998 the Interagency ADR Working Group was established in the US. In the United Kingdom the Conciliation Act of 1896 was the first document to introduce mediation as a way for resolving labour disputes and since this way of ADR has expanded to other areas of legal disputes. As a way of alternative dispute resolution, is a rather new phenomenon and such questions as “Who can become a mediator?” and “How to train mediators?” have arisen. The aim of this paper is to present an experimental CLIL course in mediation. At the beginning of the paper a brief overview of ways of teaching mediation in different countries is given, and the utility of using a CLIL approach to creating a course in mediation is shown. The structure of the course is presented and in conclusion remarks on efficiency and effectiveness of the course are given, and recommendations made for using this approach in developing similar courses

Background

Conclusion