Teaching Appropriate Dispute Resolution (ADR) at a South African University: A Faculty Member and Mediator’s Perspective

Introduction

This piece shares my experience as a teacher and mediator of Appropriate Dispute Resolution (ADR) at a university level. I have been teaching ADR since 2019; before teaching in this discipline, I was a Master’s student in Dispute Resolution at the University of Missouri, Columbia. Yet, before pursuing a Master’s, my passion for more appropriate ways of resolving conflict was flamed in a course called ‘Introduction to Advocacy’. This was when it dawned upon me that there are more suitable and amicable avenues for resolving disputes other than the adversarial method, litigation.

Litigation is so deeply entrenched in South Africa that people often see no other way. A battle is the order of the day. In society, involving legal authorities like law enforcement officials, judges, or magistrates is acceptable when settling disputes with neighbors, colleagues, business partners and even family. It is as though people know no other way, but the good news is that more appropriate dispute-resolution methods exist. More than ever, it is time to educate and spread awareness about ADR, focusing on mediation to increase its popularity in our society, schools, businesses, and everyday life.

I have taught ADR at undergraduate and postgraduate levels. The experience has largely been the same on both levels. The biggest takeaway is that South African law schools generally focus on teaching and developing skills in litigation and mooting. For this reason, when students opt to learn more about ADR, they have to unlearn so many positional, competitive and destructive tendencies in a very short time (one semester or over two semesters). The reality is that this period is not sufficient. Nonetheless, as a teacher, I must make the most of my time with my students. In this brief article, I would like to explore my approach to teaching ADR, what impact ADR has had on my students, and finally, I will delve into why all of this matters.

My approach

I want to use my Mediation postgraduate course as an example. The learning approach for Mediation involves a high degree of participation through various in-person and/or online classroom activities, particularly in discussions on the literature relating to mediation, involvement in the skill-building exercises, and reflective feedback. Consequently, the mediation theory is highly valued and integrated into practical learning via weekly simulations and discussions. This enhances the course’s enjoyment and practicality by ensuring students acquire practical skills upon completing the course.

At the end of the Mediation course, students should be able to understand what mediation is and how it compares with other processes (such as arbitration and litigation), know the theoretical underpinnings of the mediation process, understand what typical mediation looks like and the features thereof, understand what to do at each stage of mediation; have an awareness of the roles and functions of a mediator; have enhanced their mediation skills and techniques, they should know about mediation contained in South African and other foreign legislation and understand the legal and ethical issues of mediation.

The perceived impact

Many of my students have provided me with feedback stating that the course has significantly shaped how they think about conflict and resolve disputes. They view conflict resolution beyond a mere contest of wills. There is a revelation that interest-based negotiation, collaboration and problem-solving can effectively deal with everyday conflicts and disputes that their family, friends, colleagues, and clients experience. Moreover, my students make career choices based on their overall experience in the Dispute Resolution programme.

Overall, they recognize that they can be solution-bringers and peacemakers in many situations. A true shift and transformation occur after they have completed my Mediation course.

Why does this matter?

As a teacher, I positively impact my students’ perceptions of conflict and how it should be resolved without resorting to conventional litigation. For this reason, my students are left with an understanding and deep knowledge of Mediation. I expect they will go into their homes, businesses, workplaces and lives knowing how to resolve conflict amicably, whether it is their conflict or someone else’s. This makes a difference, if only slightly. It is one less person suing another in court.

Why and how is this relevant to you as an ADR practitioner? As an ADR practitioner, you also influence your clients, colleagues, family, and friends, to name a few. I am reminded of a quote from an academic and ADR practitioner. He states, ‘Mediation is a process whose core skills and impact can extend beyond the institutional settings in which it is currently practiced.’

I realized that the teachers who taught me about ADR influenced me as a student. While not mediators themselves, my previous teachers had a solid understanding of ADR principles. They impacted my life by instilling the importance of peacefully and gracefully resolving conflicts.

I have also grasped there is so much power in teaching, and as a mediator, you are a teacher, too. What is the role and function of a mediator? A mediator is meant to demonstrate the mediation process and teach others how to communicate constructively, collaborate, brainstorm, and problem-solve. In effect, a mediator is also an educator in the mediation room. Have you thought about it? Yes, a mediator is a teacher. A mediator shares knowledge, expertise, and best practices on conflict resolution. In essence, a mediator is a guiding force, a source of optimism sought by conflicting parties for conflict resolution support. As a mediator, one too profoundly impacts others when we meditate. Appreciate your position as a mediator. It has the potential to positively impact society by transforming lives.

Monique Carels

Monique Carels is a lecturer in the Department of Commercial Law, Faculty of Law at the University of Cape Town (UCT). She teaches various subjects to final-year law students (undergraduate) and Master’s students (postgraduate). Her area of specialization and expertise is Dispute Resolution, specifically Negotiation and Mediation. Monique completed her… MORE