Abstracts

Short abstracts of the presentations were submitted by many of the speakers in advance of the conference. The titles of those that were submitted are underlined; to view those abstracts, click on the title.

Title: Training Mediation Centre As An Additional Branch Of A Legal Clinic’s Services

Lead Presenter: Evhenia Kolomiyets-Ludwig

Co-Presenters:

  1. Aman Hingorani

Session Abstract: Usually legal clinics’ clients represent low income strata being not able to cover attorney, notary and court expenses. At the same time the problems they have to solve by means of court system can be settled by mediation, e.g. property partition, conflicts with neighbours, last will and testament performance etc. The resource base (docents and students staff, experience and popularity of legal clinics) is suitable for widening both the range of services for clients as well as list of law skills and competences for students to practice. After passing through definite training undergraduates can get a certain certificate of a mediator. Such an experience is quite obvious and typical for almost all law faculties in the countries of Common Law system. Last decades states of Rome or continental law are facing the deficit of mediation application. Since the adoption of the Mediation Directive (2008/52/EC) it has not yet solved the ‘EU Mediation Paradox’. Despite its proven and multiple benefits, mediation in civil and commercial matters is still used in less than 1% of the cases in the EU . But in the age of globalization it’s natural to take the advantages of existing successful practices. So legal clinics in the EU and other states including Ukraine are destined to be not only centers of mediation – to solve clients’ problems, but to educate and bring up a new generation of lawyers who will use mediation more systematically and more frequently. That corresponds to one of the conclusions of Prof Giuseppe De Palo and his team of authors working on the research paper “Rebooting the Mediation Directive …”: “…Courses on mediation, especially mediation advocacy, are very rare in EU law schools, and almost unheard of in business schools. Unsurprisingly, in countries where mediation is used more often, universities offer numerous courses in the field of mediation and alternative dispute resolution. In some cases, these courses are a mandatory part of the degree requirements. Fostering university-level mediation education nurtures future mediation users.” Adding mediation to a list of services of legal clinics will benefit both: low-income population who will have their problems solved without extra expenditures, and students of law faculties, who will enrich the scope of their professional skills and competences with mediation practice. The mentioned initiative also corresponds with Ukraine’s state program of civil society enforcement and legal state development.

Session Material:

  1. Dr Aman Hingorani Brief CV GAJE
  2. co presenterTraining Mediation Centre As An Additional Branch Of A Legal Clinic

See full list of abstracts here.