New York, November 16, 2009 – Dr. Seuss never went to law school. Yet, he somehow managed to capture how many attorneys feel about mediation.
“Getting people to try mediation is a little like “Green Eggs and Ham,” said Carol B. Liebman, Clinical Professor of Law. “People have a lot of views about mediation, but they just haven’t tried it. And most of the time, once they try it, they decide they like it, at least in appropriate circumstances.”
Liebman knows that better than most, as a professor who oversees the Mediation Clinic at Columbia Law School, and as one of the nation’s leading experts on alternative dispute resolution.
Many lawyers, veterans and novices alike, inevitably acquire a mindset that you sue first, ask questions later, Liebman said, without knowing that it does not – and often should not – have to be that way.
At its most basic level, mediation is a voluntary process where disputes can be resolved informally, using a neutral third party to facilitate an agreement. Mediation is used to deal with everything from noise disputes between neighbors to complex, multi-million dollar commercial matters. The key is to allow both sides to fashion an agreement they can live with, rather than leave a resolution in the hands of an arbitrator, judge or jury.
“What I would look for, going forward is not so much lawyers and clients giving up litigation and rushing to mediation, as much as I would love to see that,” Liebman said. “But I think what you will see is a slow realization that mediation can be used at a number of stages in the process.”
And there is a growing realization at the Law School that mediation is a useful skill to know. More than 80 students applied in the fall ‘09 semester for just 14 slots, said Associate Professor Alexandra Carter ‘03, who runs the clinic with Liebman. About 60 students have applied for next semester’s clinic.
“I think students see how many cases go to mediation, how important it is as a tool in a lawyer’s arsenal to help solve clients’ problems,” said Carter, who knows that first-hand, having been in the clinic while at the Law School.
“When I left I felt I was going to be a different kind of lawyer than I would have been had I not taken this clinic. And I was,” added Carter, who was previously an associate at Cravath, Swaine & Moore.
After 40 hours of training, students mediate in such venues as Small Claims Court in Harlem, New York City Civil Court Personal Appearance Part, the federal Equal Employment Opportunity Commission, and the Community Mediation Center at Safe Horizon, for disputes among neighbors, roommates, and businesses.
“You’re able in most cases to see the results of cases right away and help people take care of their own issues and be the creators of their own solutions,” said Voula Alexopoulos ’09, who participated in the clinic and is a fellow there this semester.
As the legal economy changes and clients demand more from their law firms without necessarily paying more, Carter said possessing mediation skills can only make students more of an asset when they become lawyers.
“I felt my skills were valued at the firm, whether it was by negotiating with opposing counsel, or counseling my own clients or even speaking to clients about matters that were not mediation-related,” Carter said. “Mediation skills really helped me understand what it was my client was concerned about.”
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