In recent years the growth in the ADR field has led law schools to enhance mediation course offerings in the law school curriculums. While coursework is necessary and effective in teaching students the basics of negotiation, distributive bargaining, and technique through lecture, role play, simulation, and class videos, students require practical experience and observation to fully implement the skills taught in the classroom. This article will discuss two initiatives introduced by The District of Columbia Court Appeals (DCCA) to provide students practical experience that will ultimately lead to further attorney engagement with the DCCA’s Appellate Mediation Program as students develop throughout their careers.
The first initiative introduced by the DCCA is the expansion of its Pro Bono Mediation Counsel Program to include law student participation. By way of background, the DCCA introduced the Pro Bono Mediation Counsel Panel (PBMCP) in 2019 as a means to enhance access to justice. Because the DCCA’s rules require each party to be represented by counsel in order to participate in appellate mediation, the DCCA created a panel of volunteer attorneys that provide limited scope representation to allow pro se litigants to mediate their appeals. Soon after the program began, the program noted that members of the PBMCP often invited junior attorneys to participate under their supervision for training purposes. Because client representation in mediation is significantly different than general litigation representation, junior attorneys gained a valuable learning experience while working towards their respective firm’s aspirational pro bono service objectives. Seeing the benefit to young associates, the Appellate Mediation Program decided to expand program participation to law students as a vehicle for practical training and a means to complete law school or bar mandates for pro bono service.
Law Students learn the difference between litigation and mediation representation in the DCCA.as they assist PBCP attorneys with research, strategy development and writing the confidential mediation statement. They are exposed to the engagement process and the importance of attorney client interaction as well as a foundation for professionalism which the Court demands from all that serve within the system. These are experiences that create invaluable tools for the preparation of joining the legal field. The program also provides an important mentoring opportunity for students who receive feedback from the attorneys with whom they volunteer. It is also a vehicle for mid-level attorneys to gain experience with mentoring and training others while participating in a pro bono opportunity. Because the program allows participation on a case-by-case basis, it allows volunteers to obtain experience working with different attorneys and mediators assigned to the case and observe different mediation styles. In addition, the bite size nature of the program allows for greater student participation and repeat participation as cases permit. The early positive exposure to mediation also has the practical impact of instilling an early interest in pro bono and service to the Court. Then, when students graduate from law school they can work on PBMCP matters under the supervision of a senior attorney in their organization until they obtain two years of civil experience at which time they themselves can become members of the PBMCP.
DCCA also offers an internship program to law students throughout the year for academic credit. Here students provide research, help screen matters for mediation, interface with parties, counsel, and mediators, and observe mediations throughout the course of their internship. They are exposed to court administration and engage in dialogue with mediators and provide invaluable support to the program. The internship is a unique opportunity for students to obtain a 360 degree view of the mediation process and to be able to work with different mediators that use different styles of mediation. The program also provides important training in professionalism and provides insight into the administrative aspects of overseeing mediation in the courts. While the time commitment is greater with the internship program, there is opportunity for students to participate in the program more than once. For example, one student recently returned to the program for a second semester. The internship provides participants with a general introduction to mediation and students may ultimately participate in the PBMCP after they graduate from law school or return to the DCCA as full-fledged attorney mediators after gaining additional experience.
The continued development of programs that encourage and embrace the next generation of lawyers is important to the growth of court sponsored mediation programs as well as the field of ADR. Exposing students to the process of court mediation from all perspectives should find a place in the curriculum of law schools. The coupling of volunteer programs such as the PBMCP with student participation is a winning combination. As members of the ADR community there is a responsibility to create programs that provide insight into the confidential world of mediation. DCCA intends to expand and further develop programs that encourage attorney volunteers to work with and mentor students at the Court and to develop the next generation of mediation client representatives and mediators that will ultimately volunteer with the Court.
