Alternative Methods of Dispute Resolution and Legal Education (From Study of Barriers to the Use of Alternative Methods of Dispute Resolution, P 219-247, 1984 - See NCJ-97339)

• NCJ Number: 98566
• Author(s): E Sutton
• Date Published: 1984
• Length: 29 pages
• Sale Source: Vermont Law School
• Language: English
• Country: United States of America

Annotation

Following a discussion of the philosophy of the adversary system and its application and perpetuation through legal education, the skills needed for alternative dispute resolution (ADR) are examined; suggestions for change in legal curricula are presented.

Abstract

Principles of the adversary system include a view of disputants as enemies and a rational and cognitive framework that places people and events into legally meaningfully categories. Legal education embodies these principles. The legal perspective makes many lawyers reluctant to accept ADR methods; many lawyers lack the people-orientation necessary to the effective use of such methods. Yet, ADR methods often may be the most efficient way to achieve just and fair settlements and may make law more responsive to the needs of society. Thus, law schools should be exposing students to ADR theory and should offer specific training in skills such as problemsolving, client interviewing, counseling, negotiation, conciliation, arbitration, and other emerging processes for nonlitigation dispute resolution. Footnotes are provided.