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

Alternative modes of dispute resolution such as mediation and conciliation are, in most circumstances able to improve the strain relationship between the disputants. Only when the parties are unable to resolve the dispute amicably would adjudication before the court become necessary as the las...

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Main Authors: Ali Mohamed, Ashgar Ali, Ahmad, Muhamad Hassan
Format: Article
Language:English
Published: LexisNexis 2019
Subjects:
K Law (General)
K100 Legal Education
KPG Malaysia
Online Access:http://irep.iium.edu.my/78228/1/IREP%20ARTICLE%20MCP%20Bulletin%20IMBUE%20PROBLEM%20SOLVING%20SKILLS.pdf
http://irep.iium.edu.my/78228/
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spelling my.iium.irep.782282020-01-29T04:39:13Z http://irep.iium.edu.my/78228/ Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set Ali Mohamed, Ashgar Ali Ahmad, Muhamad Hassan K Law (General) K100 Legal Education KPG Malaysia Alternative modes of dispute resolution such as mediation and conciliation are, in most circumstances able to improve the strain relationship between the disputants. Only when the parties are unable to resolve the dispute amicably would adjudication before the court become necessary as the last resort. To this end, members of the legal fraternity would have to place their clients’ interests above their own, and to discard their litigation based mindset, promoting 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 it was implemented. Hence, this adversarial ‘hired-gun’ mindset should be steered away from. This paper aims to propose a change in the law school curriculum which would shift away from the adversarial nature of teaching and training of lawyers and to place an emphasis on dispute settlement as opposed to litigation. Would-be lawyers ought to be taught the basic concept of alternative dispute resolution at the earliest stage of their legal education. At the same time, mediation skills should be integrated into substantive law subjects and to be reflected in the curriculum via teaching and examinations. By having such a programme, it is submitted that the would-be lawyers should be inclined towards solving client’s problem through alternative modes instead of litigating disputes. LexisNexis 2019-10-31 Article PeerReviewed application/pdf en http://irep.iium.edu.my/78228/1/IREP%20ARTICLE%20MCP%20Bulletin%20IMBUE%20PROBLEM%20SOLVING%20SKILLS.pdf Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2019) Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set. Malaysian Court Practice Bulletin (5). pp. 1-15.
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
K100 Legal Education
KPG Malaysia
spellingShingle K Law (General)
K100 Legal Education
KPG Malaysia
Ali Mohamed, Ashgar Ali
Ahmad, Muhamad Hassan
Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set
description Alternative modes of dispute resolution such as mediation and conciliation are, in most circumstances able to improve the strain relationship between the disputants. Only when the parties are unable to resolve the dispute amicably would adjudication before the court become necessary as the last resort. To this end, members of the legal fraternity would have to place their clients’ interests above their own, and to discard their litigation based mindset, promoting 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 it was implemented. Hence, this adversarial ‘hired-gun’ mindset should be steered away from. This paper aims to propose a change in the law school curriculum which would shift away from the adversarial nature of teaching and training of lawyers and to place an emphasis on dispute settlement as opposed to litigation. Would-be lawyers ought to be taught the basic concept of alternative dispute resolution at the earliest stage of their legal education. At the same time, mediation skills should be integrated into substantive law subjects and to be reflected in the curriculum via teaching and examinations. By having such a programme, it is submitted that the would-be lawyers should be inclined towards solving client’s problem through alternative modes instead of litigating disputes.
format Article
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 curriculum to off-set adversarial ‘hired-gun’ mind-set
title_short Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set
title_full Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set
title_fullStr Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set
title_full_unstemmed Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set
title_sort imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set
publisher LexisNexis
publishDate 2019
url http://irep.iium.edu.my/78228/1/IREP%20ARTICLE%20MCP%20Bulletin%20IMBUE%20PROBLEM%20SOLVING%20SKILLS.pdf
http://irep.iium.edu.my/78228/
_version_ 1657566010229653504
score 13.211869

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