NADIA ASHBRIDGE
Most UK universities and law schools operate with the support of a Law Society, with a Mooting team and/or competition integrated within it. Involvement in both is oftentimes central to a law student’s academic, practical and personal development, and is regularly cited as contributory factor in that student’s success in landing graduate opportunities, including pupillage and training contracts. Newcastle University has been one of the frontrunners in getting law students involved in mediation activities, with Professor Bryan Clark lending his prolific expertise as a Commercial Law lecturer to students at all levels within the school.
I was delighted to have been selected as part of an initial 12-person trial-run mediation team back in October 2019, and have since had the privilege of working, not only with Bryan and my peers at Newcastle University, but also with students, lecturers and coaches internationally. The experiences I have gained have been central to my decision to pursue a career in commercial dispute resolution. However, I would recommend any and every student to get involved, regardless of whether or not you have an interest in commercial disputes, as there is an opportunity to develop invaluable skills, unique to the practice of mediation.
I first became involved as a budding family lawyer, having learnt about the increased use of mediation in family disputes. However, it has since become clear to me that the value of mediation is not limited to those cases, and is also used on an international scale, with unfathomable amounts of money involved (or at least to me, as a student on her last tin of baked beans!).
“I would recommend any and every student to get involved, regardless of whether or not you have an interest in commercial disputes…”
Nadia Ashbridge, Newcastle Law School Mediation Team
Despite us all having an image in our minds about the aggressive and adversarial nature of commercial disputes (personally, I blame ‘Harvey Specter’ from Suits), involvement in the mediation activities at Newcastle Law School has taught me that this perception, at least in some contexts, is misguided. For proof of this, one need only look to the websites of many of the top-tier international commercial law firms, whose services now include Alternative Dispute Resolution (including mediation). With mediation becoming something of a commercial norm in many cultures, it is my opinion that any student interested in an international legal career should get involved in mediation at Newcastle University.
Over the past year, I have had the privilege of competing in a number of international competitions, the perks of which are not limited to adding another ‘experience’ to my LinkedIn profile. Naturally, the pandemic meant that there were a few technical and practical difficulties that we had to overcome in order to train and compete effectively, especially as, pre-March 2020, we had been training face-to-face and could easily engage in role-plays and practice runs with guidance and feedback from Bryan. However, come September 2020 (i.e. when we’d all, for the most part, figured out how to use the Zoom ‘mute’ button), we reconvened virtually, taking on a couple of teammates with no previous mediation experience.
We have since trained at least twice a month, working through hypothetical problems (both commercial and non-commercial), whilst alternating roles within the role-play: mediator, mediation advocate and client. Often the training has been in the run-up to a specific competition, and we have therefore learnt to adopt different styles and practise a range of negotiation tactics, both in line with the competition rules and in anticipation of the different cultural attitudes to mediation that we might face.
To date, I have competed in four international competitions (most of which spanned across several days): the SIMI International Mediation and Advocacy Competition, Lex Infinitum International Mediation Competition, MediateGuru Virtual International Mediation Competition and, most recently, the longest-standing international competition of this kind, the INADR International Law School Mediation Tournament. Beyond the experience of competing, the real highlights of these events are the opportunities to learn from (be trained by) top mediators, negotiators and advocates in their respective fields, as well as the chance to connect with likeminded students across the world. While much of the world was in lockdown, there was a notable irony in being able to chat to students from Singapore, Taiwan, the US, India, Russia, etc between rounds – a unique experience in my nearly-four years at university.
While the majority of the competitions require participants to rotate through roles, a particular highlight for me was the Lex Infinitum International Mediation Competition, where I undertook the role of ‘mediator’ across the whole week. This afforded me a fantastic chance to develop skills within an unbelievably short time period, reflecting on the feedback and tutelage of hugely experienced judges and coaches. It was an honour to have placed 3rd overall, competing amongst 18 fantastic participants. However, I am most excited to have been awarded the Dr. M.R.K. Prasad Lex Infinitum Incentive Award, presented to the best international mediator in the preliminary rounds. The reward: the waiving of registration fees and a substantial travel allowance for next year’s participants. I am so excited to follow the Newcastle University team over the next year and look forward to hearing about what they get up to in Goa, India (Coronavirus permitting) in next year’s Lex Infinitum competition.
As you can likely tell, I am a huge advocate for mediation, and for the involvement of students in mediation activities whilst at Law School. On a purely academic level, my position on the Newcastle Law School Mediation team has led to a greater depth of understanding within my Commercial Law module, part of which is focused on commercial disputes. So, to any struggling Comm Law students – get involved in (what will hopefully soon be) the Mediation Society!
And to anyone whose particular academic interests do not include the niche commercial topics of agency law, product liability and civil litigation, I would still urge you to at least try mediation. I have developed skills in negotiation and collaboration within both a legal and practical context, which I could never have learnt whilst Mooting (or in any other activity). As I have (perhaps over-enthusiastically) outlined above, the scope of international involvement with the mediation activity at Newcastle is fantastic, setting you up with a more culturally aware and global mindset – perfect for anyone pursuing an international career.
And finally, it’s a bit of fun – you get to meet new people, apply the soft skills learnt throughout your law degree to practical scenarios, and grow in confidence! So, get involved!