Deepening the learning experience: Elevating mediation and negotiation in law schools

The landscape of legal education in India has come a long way, with law schools producing sharp, competitive and ambitious graduates.

Over the years, the integration of mediation and negotiation courses into the curriculum has been a significant achievement. Students enthusiastically participate in classes and excel in competitions, showcasing their talents.

However, beneath this surface-level success, there is an important question to ask: Is there a way these competitions can do more to inculcate the depth needed for these subjects? 

The surface-level approach

Competitions are undoubtedly valuable - they provide a platform for students to demonstrate their skills in a highly competitive environment, foster quick thinking and build confidence. And the students in India are doing a professional and stellar performance at each and every competition hosted in Indian and abroad.

Students seem to put a lot of weightage on the competitions and their yearly outcomes. Meaning if the students have won certain competitions, there is a sense that they know or have learnt all there is to about the subject or honing their skillset. 

But the concern lies in whether these competitions are deepening their understanding or simply testing their skills at a surface-level.

In most cases, students are mastering the art of winning, but not necessarily the art of understanding. They attend classes, learn techniques and apply them in simulated environments, but do they take the time to delve into the nuances of negotiation and mediation?

Are they developing the skills to ask probing questions, reflect critically and truly grasp the complexities of conflict resolution?

More often than not, the answer is no.

The current challenge 

One of the key issues in the way mediation and negotiation are taught in universities today is the lack of depth. And this is not because of lack of esteemed faculty or subject knowledge. It is simple because these subjects have not been mainstreamed into the legal education system as most other have been.

Students are often focused on the mechanics - what strategies work, how to approach a case tactically, or how to win a negotiation.

While these are important, they don’t and cannot offer the full picture. Legal disputes are rarely as clear-cut as they appear in competitions. They involve layered issues, emotional undercurrents and human psychology, none of which can be understood without digging below the surface.

This surface level approach to learning is reflected in the lack of due diligence. Students may be trained to approach a case from a legal standpoint, but they often neglect the soft skills required to handle complex issues, such as asking insightful questions or reflecting on the underlying interests of the parties involved.

In a real negotiation room, these skills are the key to successful conflict resolution, and they can’t be honed through classroom theory or structured competitions alone.

The need for a shift

What’s needed is a paradigm shift in how these subjects are taught.

The focus has to move from merely acquiring knowledge to applying that knowledge in a meaningful way. Practical exposure is essential if students are to truly understand the intricacies of mediation and negotiation.

Instead of competitions where winning is the priority for students, there needs to be an emphasis on continuous practice and critical reflection. Students should be encouraged to engage deeply with case studies, ask questions that go beyond the obvious, and reflect on their experiences.

Simulated sessions, internships and real-world practice can offer this kind of depth, allowing students to navigate the grey areas of legal disputes, rather than sticking to black-and-white answers. 

Building deeper competencies

The solution lies in blending theoretical knowledge with hands-on experience. This can include bringing in practitioners to share their experiences, engaging students in carefully curated mediation or negotiation simulations and, most importantly, fostering a culture of reflective practice.

Students need to be taught not just to look at what happened, but to analyse why it happened, what worked, what did not work and how it could have been handled differently.

By integrating deeper learning methods into the mediation and negotiation curriculum, law schools can help students build a skillset that goes beyond competitions. They can become not just competent legal practitioners, but also thoughtful and skilled mediation lawyers and negotiators capable of resolving complex, real-world disputes.

One way to go about this will be take a closer look at the existing course structure, delve into what is working and what can be changed. In doing so, the gaps will be recognised and help can be enlisted in curating a course that fills all the gaps that we are speaking about. 

Legal education in India has made great strides, but when it comes to subjects like mediation and negotiation, there’s still a long way to go. Competitions are very much needed and have their place while being essential to experience, but they should not be treated like a teaching tool.

To truly equip future lawyers with the tools they need, law schools must focus on practical learning, critical reflection and real-world exposure.

Only then can we ensure that students are not just scraping the surface, but digging deep into the heart of legal conflicts.

Gutta Nivedita Chowdary is a Training Co-ordinator at CAMP Arbitration and Mediation Practice Pvt. Ltd.