Abstract
Section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Next, the current framework of Italian legal clinics is discussed, focusing on its American heritage and associated nuances.Section B considers why mediation would be particularly suitable for the creation of an Italian legal clinic, given the recent incentives created by the European legislature to strengthen alternative dispute resolution. The evolution of the Columbia Law School Mediation Clinic is described, from its beginning to the recent creation of an advanced clinic model, and insights from this process are discussed in terms of the Italian legal and family environment.Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA. Three different approaches to family and community mediation previously adopted in the context of clinical legal education are analysed: facilitative mediation, transformative mediation, and peacemaking circle. A model for the clinic is proposed, with suggestions for sources and materials from which the curriculum might be drawn.
Highlights
Before joining Columbia Law School’s LL.M. program, my understanding of clinical legal education was very limited
In order to properly consider how a mediation clinic could be implemented in Libera Università Maria SS. Assunta (LUMSA), I had to learn about clinical education and how it developed
Taking advantage of the institutional knowledge of Professors Carol Liebman and Alexandra Carter, I describe the evolution of the Columbia Law School Mediation Clinic, from its beginning to the recent creation of an advanced clinic model
Summary
Before joining Columbia Law School’s LL.M. program, my understanding of clinical legal education was very limited. In order to properly consider how a mediation clinic could be implemented in LUMSA, I had to learn about clinical education and how it developed For this reason, section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Taking advantage of the institutional knowledge of Professors Carol Liebman and Alexandra Carter, I describe the evolution of the Columbia Law School Mediation Clinic, from its beginning to the recent creation of an advanced clinic model. Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA To this end, I analyse three different approaches to family and community mediation previously adopted in the context of clinical legal education: facilitative mediation, transformative mediation, and peacemaking circle. I provide sources and materials for the proposed curriculum, including a sample role-play that I created
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