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OER10 Simshare Slides

OER10 Simshare Slides



Set of slides used by McKellar & Maharg in their presentation to the OER10 Conference, Clare College, Cambridge, on Simshare.

Set of slides used by McKellar & Maharg in their presentation to the OER10 Conference, Clare College, Cambridge, on Simshare.



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  • Transactional learning is active learning, not passive. In that sense, we want students to be involved in activities within legal actions, rather than standing back from the actions and merely learning about them. transactional learning goes beyond learning about legal actions to learning from legal actions we aim to give them experience of legal transactions. Transactional learning involves thinking about transactions. It includes the ability to rise above detail, and "helicopter" above a transaction; or the ability to disengage oneself from potentially damaging views of the group process, and re-construct that view Students are valuable resources for each other. Collaborative learning breaks down the isolation and alienation of what might be regarded as isolated or cellular learning. There is of course a place for individual learning, silent study, and the like. But students can help each other enormously to understand legal concepts and procedures by discussing issues, reviewing actions in a group, giving peer feedback on work undertaken in the group, and so on. And perhaps what is even more important is that they begin to trust each other to carry out work that is important. In other words, students begin to learn how to leverage knowledge amongst themselves, and to trust each other’s developing professionality (learning about know-who, know-why, as well as know-what within the firm). Often, we have found, if there are firms that are not producing good work or keeping to deadlines, it is because they do not know how to work together effectively; and this often arises from a lack of trust. Transactional learning ought to be based on a more holistic approach. Allowing students to experience the whole transaction- and all the different parts- not just the actual procedure but how this may affect the client and how you may have to report this to the client. Transactional learning of necessity draws upon ethical learning and professional standards. There are many examples of how students have had to face ethical situations within the environment – some are ones where we have created a situation with an ethical issue- others have arisen unexpectedly. E.g mandate example ( if time) 7 & 8: Students are taking part in a sophisticated process that involves taking on the role of a professional lawyer within the confines of the virtual town and firm. In order to enhance the learning experience they must be immersed in the role play- and to do that they must be undertaking authentic tasks. Research suggests that when students are involved with online environment similar to the virtual village- that these authentic settings have the capability to motivate and encourage learner participation by facilitating students ‘willing suspension of disbelief’. This allows them to become immersed in the setting.

OER10 Simshare Slides OER10 Simshare Slides Presentation Transcript

  • Paul Maharg Glasgow Graduate School of Law simulation and OERs patricia mckellar paul maharg
    • Sims in general…
    • Case studies:
      • Personal Injury Negotiation transaction
      • Standardised Client
    • Simshare
    • (in)conclusions regarding sustainability
  • why s imulations …?
    • They…
    • are close to the world of practice , but safe from the (possible) realities of malpractice and negligent practice.
    • enable students to practise transactions , discuss the transactions with other tutors, students, and use a variety of instruments or tools, online or textual, to help them understand the nature and consequences of their actions
    • facilitate a wide variety of assessment , from high-stakes assignments with automatic fail points, to coursework that can double as a learning zone and an assessment assignment
    • encourage collaborative learning . The guilds and groups of hunters/players in multi-player online games can be replicated for very different purposes in FE & HE.
    • students begin to see the potential for the C in ICT ; and that technology is not merely a matter of word-processed essays, reports & quizzes, but a form of learning that changes quite fundamentally what and how they learn .
    • They:
    • are often complex and difficult to build , especially first time round
    • are time-consuming to plan
    • can be expensive to run
    • can be difficult to embed alongside more conventional forms of teaching and learning
    • are disruptive of settled modes of feedback
    why s imulations…?
  • simulation environments: results from the literature
    • Sims can enable more engaged and deeper learning in students, both at undergraduate and postgraduate levels
    • Sims can be used to learn and assess conceptual and second-order symbolic knowledge, practice-based skills and personal achievement of integrated skills.
    • Students adapt best to new learning environments when they are aware of the expectations of them in the new arena.
    • Simulation is a disruptive heuristic and requires support.
    • Although initial workload is heavy there is payback in later years
    • T here are serious implications for educational theory, institutional change and innovation
  • sims affect learning, institutions, practices
    • T here is no such thing as experiential learning.
      • Learning is distributed among expanded environments, tools, roles, tasks, social relations.
    • T here is no spoon: curriculum is technology.
    • Staff role-change vs conventional teaching/admin roles.
    • 3. The role of the institution changes.
    • The question is no longer why conventional learning environment vs sim, clinic, PBL, etc; but in an era where Wikipedia & SourceForge flourish against all odds, why are we not collaborating at all levels in teaching & learning?
  • authenticity as transactional learning…
    • active learning
    • through performance in authentic transactions
    • involving reflection in & on learning,
    • deep collaborative learning , and
    • holistic or process learning,
    • with relevant professional assessment
    • that includes ethical standards
  • signature pedagogies (Lee Shulman) Sullivan, W.M., Colby, A., Wegner, J.W., Bond, L., Shulman, L.S. (2007) Educating Lawyers. Preparation for the Profession of Law, Jossey-Bass, p. 24
  • Transforming Legal Education: four key themes
  • 1. personal injury negotiation transaction
    • Administration:
    • 272 students, 68 firms, 8 anonymous information sources – PI mentors
    • 68 document sets, 34 transactions
    • Each scenario has embedded variables, called from a document server, making it similar, but also unique in critical ways
    • students have 12 weeks to achieve settlement
    • introductory & feedback lectures
    • discussion forums
    • FAQs & transaction guideline flowcharts
    • voluntary face-to-face surgeries with a PI solicitor
  • correspondence file
  • Ardcalloch directory
  • map of Ardcalloch
  • PI project: assessment criteria
    • We require from each student firm a body of evidence consisting of:
    • fact-finding – from information sources in the virtual community)
    • professional legal research – using WestLaw + paperworld sources
    • formation of negotiation strategy – extending range of Foundation Course learning
    • performance of strategy – correspondence + optional f2f meeting, recorded
  • PI project: (some of) what students learned
    • extended team working
    • real legal fact-finding
    • real legal research
    • process thinking in the project
    • setting out negotiation strategies in the context of (un)known information
    • writing to specific audiences
    • handling project alongside other work commitments
    • structuring the argument of a case from start to finish
    • keeping cool in face-to-face negotiations
    • more effective delegation
    • keeping files
    • taking notes on the process...
  • key issue: simulation tempo & complexity
  • 2. standardised client initiative
    • Training lay people to simulate clients, and doing two things well:
      • Discussing their case with the (trainee) lawyer in a way that is standard across the cohort of students that the SC meets
      • Assessing the client-facing skills of the lawyer
    • Large body of research literature criticised oral exams beginning in 1960s
    • ‘ A test that is not reliable cannot be valid’ e.g. NBME (USA) studies exams of 10,000 medical examiners over 3 years and found correlations between 2 examiners in one encounter <0.25
    • Use of Standardised Patients since 1963
    • Now used in high-stakes competency examination for licensure in USA and Canada
    • Extensively used in final exam ‘OSCE’ stations in UK medical schools
    evidence from medical education
  • SC project aims
    • develop a practical and cost-effective method to assess the effectiveness of lawyer-client communication which correlates assessment with the degree of client satisfaction.
    • ie answer the following questions…
      • Is our current system of teaching and assessing interviewing skills sufficiently reliable and valid ?
      • Can the Standardised Patient method be translated successfully to the legal domain?
      • Is the method of Standardised Client training and assessment cost-effective?
      • Is the method of Standardised Client training and assessment more reliable, valid and cost-effective than the current system?
  • How was the sim created? -- creation of validated documents + training of SCs
    • ‘ The best way to learn how to do standardized patients is to do it along side of someone who has already done it before. It’s [the] apprenticeship system.’
    • Wallace, P. (1997) Following the threads of an innovation: the history of standardized patients in medical education, Caduceus , A Humanities Journal for Medicine and the Health Sciences , Department of Medical Humanities, Southern Illinois University School of Medicine, 13, 2, 5-28.
    phase two
    • There’s a need for the SCs to calibrate:
    • Body language
    • Tone of voice
    • Attitudinal swings
    • Dealing with the lawyer’s open questions…
    • Improvising on closed questions…
    • Performance analysis: ‘What prompted you to say…?’ ‘How did you feel…?’
    • And to:
    • Be aware of orientation towards lawyer at first sight
    • Respond congruently to the lawyer
    • Consult the internal ‘invigilator’…
    phase two How was the sim created? -- training of SCs
  • conclusions
    • Use of SCs is as reliable and valid as tutor assessments
    • We make what the client thinks important in the most salient way for the student: a high-stakes assessment where most of the grade is given by the client
    • We do not conclude that all aspects of client interviewing can be assessed by SCs
      • We focused the assessment instrument on aspects we believe could be accurately evaluated by non-lawyers
      • Focused the assessment on initial interview
    • This has changed the way we enable students to learn interviewing…
  • aims of the simSHARE project?
    • Collation of simulation resources which are repurposed as open educational content
    • Creation of guidelines for future publication of simulation projects
    • Help staff to use simulation more widely and effectively through staff development .
    • Create methodologies that will help staff to see more clearly how simulation OER can be interpreted and in particular how to:
      • Generate or re-purpose a simulation
      • Archive a simulation
      • Retrieve a simulation and analyse its component parts for educational value and purpose
  • my profile
    • Sample resource in a Simshare role play
    • Start with a simple scenario for the first attempt.
    • Run a pilot before letting students loose on it.
    • Don’t underestimate the skills you might need to get things up and running.
    • Begin the process of developing the scenario as early as possible.
    • Think in advance about how sim responses will be managed ie when/who/how often: set clear guidelines to students about how this will work.
    • Plan & organise well in advance
    staff advice from SIMPLE project… staff experiences on SIMPLE sims?
  • future plans
    • Collation of as many interdisciplinary sims as we can get
    • We’re about to enter upload & then dissemination phases of project
    • simSHARE adds value to open-source SIMPLE, by disseminating SIMPLE blueprints as open resources
    • next step is to add further value to the Open sim environment by adding an open-source e-portfolio, eg Mahara.
  • 1. sustainability is not the main issue…
    • Simshare is not an organisation (Microsoft), it’s an ecosystem (Linux).
    • Like all Open ecosystems, it’s remarkably tolerant of failure
    • Cheap failure enables the creation of multiple possibilities
    • It best operates on a publish-then-filter model
    • This model requires very minimal infrastructure (Wikipedia vs Encarta)
  • … it’s the type of CoP we need …
    • Re social capital, do we want –
    • Bonding capital?
      • Increase in trust & connections within a homogeneous group, eg a disciplinary group or even sub-group interested in sims
      • Relatively exclusive
      • People support each other’s worldviews
    • Bridging capital?
      • Increase in connections among heterogeneous groups, eg different disciplinary groups interested in sims
      • Relatively inclusive
      • Puts people at great risk of having good ideas…
    Thanx to Shirky, C. (2008) Here Comes Everybody , London, p.222
  • … and how we go about achieving it.
    • Construe Simshare as ‘commons-based peer production’ (Benkler)
    • Bring together heterogeneous groups, ie use bridging capital
    • Build from the most local levels up, where there’s opportunity to host & bridge
    • Accept power law distribution of effort, sharing & use.
    • Reconceptualise OER not as harmonious sharing but as peer improvement and adaptation – sometimes with bittersweet results
    • Link research to practice; radicalise practice by using Simshare as a ZPD, a safe zone for experimentation