Journal of Legal Education
During the summer there was a conference in Ann Arbor, sponsored by the Association of American Law Schools, to address whether law schools could better prepare students to represent the interests of employees and employ- ers. The conference planners took care to include as participants notjust law school teachers, but also practitioners who could more accurately describe the role of attorneys in representing worker and employer interests and how students could best be educated to serve those roles. Conference participants concluded that current law school courses were inappropriately focused on the adversarial role of lawyers in litigation. They decided that courses should instead emphasize lawyers' roles in more amicable means of conflict resolu- tion, such as arbitration and mediation. Teachers at the conference outlined innovative pedagogies that they had been employing successfully in their classrooms to teach these new roles, including simulated mediated negotia- tions and arbitrations. They debated the potential advantages and disadvan- tages of simulation-based pedagogy.
Laura J. Cooper, Teaching ADR in the Workplace Once and Again: A Pedagogical History, 53 J. Legal Educ. 1 (2003), available at http://scholarship.law.umn.edu/faculty_articles/305.