Students will use role playing to learn about the procedure and purpose of questioning witnesses for determination of fact in the adversarial process. They will discuss the evolution of justice over time, and so come to understand the historical motivations for our current system.
Mediation and the Adversarial Process
Students are first asked to resolve a hypothetical case via the adversary process. Each student is assigned the role of plaintiff, defendant, or judge. The plaintiff and defendant argue their case in turn, and the judge renders a decision. Students are then asked to reflect on the resolution. They are then instructed to resolve the same case via mediation, and to compare the two methods of dispute resolution.