Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set

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 dispu...

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Main Authors:	Ali Mohamed, Ashgar Ali, Ahmad, Muhamad Hassan
Format:	Conference or Workshop Item
Language:	English
Published:	2019
Subjects:	K Law (General) K100 Legal Education K85 Legal research KD England and Wales
Online Access:	http://irep.iium.edu.my/78237/ http://irep.iium.edu.my/78237/1/IREP%20CONFERENCE%20IMBUING%20LAWYERS%E2%80%99%20PROBLEM-SOLVING%20SKILLS%20IN%20LAW%20SCHOOL%20CURRICULUM%20TO%20OFF-SET%20ADVERSARIAL%20%E2%80%98HIRED-GUN%E2%80%99%20MIND-SET.pdf

id	iium-78237
recordtype	eprints
spelling	iium-782372020-01-29T04:18:06Z http://irep.iium.edu.my/78237/ Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set Ali Mohamed, Ashgar Ali Ahmad, Muhamad Hassan K Law (General) K100 Legal Education K85 Legal research KD England and Wales 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. 2019-10-15 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/78237/1/IREP%20CONFERENCE%20IMBUING%20LAWYERS%E2%80%99%20PROBLEM-SOLVING%20SKILLS%20IN%20LAW%20SCHOOL%20CURRICULUM%20TO%20OFF-SET%20ADVERSARIAL%20%E2%80%98HIRED-GUN%E2%80%99%20MIND-SET.pdf 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)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) K100 Legal Education K85 Legal research KD England and Wales
spellingShingle	K Law (General) K100 Legal Education K85 Legal research KD England and Wales Ali Mohamed, Ashgar Ali Ahmad, Muhamad Hassan Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set
description	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.
format	Conference or Workshop Item
author	Ali Mohamed, Ashgar Ali Ahmad, Muhamad Hassan
author_facet	Ali Mohamed, Ashgar Ali Ahmad, Muhamad Hassan
author_sort	Ali Mohamed, Ashgar Ali
title	Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set
title_short	Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set
title_full	Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set
title_fullStr	Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set
title_full_unstemmed	Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set
title_sort	imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set
publishDate	2019
url	http://irep.iium.edu.my/78237/ http://irep.iium.edu.my/78237/1/IREP%20CONFERENCE%20IMBUING%20LAWYERS%E2%80%99%20PROBLEM-SOLVING%20SKILLS%20IN%20LAW%20SCHOOL%20CURRICULUM%20TO%20OFF-SET%20ADVERSARIAL%20%E2%80%98HIRED-GUN%E2%80%99%20MIND-SET.pdf
first_indexed	2023-09-18T21:50:16Z
last_indexed	2023-09-18T21:50:16Z
_version_	1777413722174652416

Imbue problem-solving skills in law school curriculums to off-set adversarial ‘hired-gun’ mind-set

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