Demonstrating the Power of Mediation in a Case with No Right Answers

Abstract

This teaching note offers an in-class exercise to demonstrate the complexity of the mediation process. The note explains the importance of experiential learning exercises and the active learning processes to explain concepts and how to use the exercise to further student understanding. The note uses torts as an example case, but the activity can be adapted to any legal topic, including contract and employment law disputes. Students will increase their understanding of the nuances of litigation and the benefits of mediation.