Mediation matters in education

The advantages of mediation as a dispute resolution method are well-documented. Have you considered the impact it can have on students? As the use of mediation has increased, so too has the development of alternative dispute resolution degree programmes, as well as individual university modules on the same topic, at both undergraduate and master’s level.

Curriculum enhancement through mediation: An opportunity for higher education providers

The advantages of mediation as a dispute resolution method are well-documented. Mediation can provide a cost-effective, speedy and confidential process for resolving disputes.  

Background

Mediation is a form of alternative dispute resolution. Its role in resolving disputes has increased in recent times. Given this rising demand, it is important to ask whether higher education providers, as part of their law degree provision (or other programmes), are taking the opportunity to include mediation study and training within their curriculum. In doing so, they may potentially better equip their students with the relevant employability skills that they will need in their future careers in this expanding sector, with graduate outcomes being a key concern for both students and educational institutions.

Advantages of mediation

The specific advantages of mediation as a form of alternative dispute resolution include the speed at which it can be used to resolve disputes, since it is far faster than regular court proceedings. This can lead to mediation also being a cost-effective method of resolution, with the overall costs being far lower than those associated with court proceedings. A further advantage is that the mediation process is confidential, in contrast to court proceedings, which are usually public. This can help to facilitate an open, frank discussion which may help to bring about a resolution.

Mediation taught in universities

As the use of mediation has increased, so too has the development of alternative dispute resolution degree programmes, as well as individual university modules on the same topic. This is the case at both undergraduate and master’s level, with mediation typically forming part of the curriculum for these courses. Further, a number of higher education providers have also instigated their own mediation clinics. There are a number of benefits for students arising from the higher education providers adopting this course of action. In particular, such opportunities can provide valuable employability-focused training for students, in terms of preparing them to participate in a mediation clinic, as well as benefiting from real-world learning by participating in a live mediation clinic themselves. There is also the benefit to the local community – and potentially further afield – arising from the provision of a pro bono university mediation service.

Issues related to establishing and running mediation clinics

Establishing and running university mediation clinics is not, however, a straightforward task for education providers. While mediators are not universally regulated, many are accredited by professional organisations that require them to adhere to professional standards. This may provide some flexibility in terms of their setup; however, in order to help a mediation clinic to operate effectively and in a responsible way, it may need to employ accredited mediators and operate in a structured way, in order to maintain high standards.

Therefore, a potential challenge that university mediation clinics face is recruiting mediators who will provide their time on a pro bono basis, in order to support a university mediation clinic. This may be more challenging than, for example, recruiting lawyers from law firms to volunteer in a law clinic, where an emphasis may be on engaging in community social responsibility, as part of that lawyer’s work within their law firm. Finding experienced mediators who are willing to provide their services at no charge may prove more difficult.

Further, when setting up a university mediation clinic, other challenges related to ensuring its effective operation may arise. To highlight a few, these include setting up the appropriate processes and procedures to ensure consistent service quality, maintaining confidentiality and data protection compliance, providing a suitable space, and ensuring that appropriate indemnity insurance provision is in place.  

In terms of student involvement with mediation, there is, of course, value in taking part in the mediation clinic process, which may include dealing with administration, triaging clients, and learning and supporting the mediation process. However, perhaps the most valuable aspect of the mediation clinic experience for students is the chance to play an active role in the mediation by serving as a co-mediator. This provides opportunities for students to enhance their skills and critical thinking by applying their knowledge to real-world experiences and gaining practical hands-on experience. By doing so, students can gain employability-focused skills that are relevant to their potential future career.  Whether or not mediators are willing to co-mediate with a student will depend on each individual mediator and whether they are comfortable with the level of the student’s training and experience. Additionally, the decision will also depend on the parties involved in the mediation. Specifically, all of the parties will need to consent to participate in a process that involves the selected mediators, including the student mediator. 

Current landscape

The demand for the resolution of disputes via mediation looks set to increase. In particular, in England, from 22^nd May 2024, parties to monetary disputes involving sums up to £10,000 are required to participate in free mediation through HMCTS’s Small Claims Mediation Service. This highlights a broad move for disputes, at this level and of this type, to be resolved through mediation, which will help to reduce the burden on the courts and facilitate speedy resolutions.  Faster resolution for small claims as mediation baked into courts process - GOV.UK (www.gov.uk).

Conclusion

Mediation can represent a speedy, cost-effective and confidential way to resolve disputes, and the demand for it is increasing. Including mediation training in the higher education curriculum can benefit students by providing practical, employability-focused experience and skills. However, challenges associated with establishing and running university mediation clinics will remain. Nevertheless, with the increasing demand, higher education providers have an opportunity to prepare their students to pursue careers in this expanding sector, thus enhancing students’ career readiness and also benefiting their community.   

Written by Dr Simon Best, Associate Professor, Leeds Trinity University