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Why is this topic important?

In law teaching, there is often a fine balance between theory, critical analysis, and practical application. Part of the tension exists because of the dual goals of law school. One goal is to prepare thoughtful, creative and vibrant practitioners. Thus, it is important to learn about historical underpinnings, the dynamic forces which shape law, legal theories, and to explore the changes which have occurred in particular fields. Yet, a second goal is to ensure that our students can actually practice the law and can function as effective, ethical legal representatives. It is not uncommon for law school graduates to feel that they haven't learned much during law school about what they actually will do as a lawyer. Clinics, externships, skills classes, and jobs all help to some extent. But the tension still exists. Another part of the tension results from the evolutionary nature of the law and law practice.

As with all law subjects, this balance and tension exists in ADR teaching as well. In addition, the use of ADR has been explosive. Many, if not most, of the lawyers and judges participating in ADR processes did not learn about them in law school. To complicate matters, the term used to describe one key ADR practice, namely mediation, is applied to a wide range of different processes and behaviors. ADR usage is not stagnant and the students who are now taking courses in negotiation, mediation, and arbitration, as well as theories of conflict, and other related topics will influence the field in years to come.

So, there are many important questions: Should we teach what the market wants? Are we failing to do so now? Who/what is driving the market? Is there a cohesive "market," to which we should be responsive? Should we have a role in questioning common market practices? What role will law-school trained professionals have in conflict resolution processes of the future?

What are some of the gaps between academia and practice in dispute resolution?

In dispute resolution skills teaching (within the classroom), there can be the kind of gap that troubles all simulation courses. That is, how to authentically replicate reality. Therefore, there can be difficulty in creating a world for a negotiating student that replicates complex financial considerations, time pressure, emotional impact, and assessment of realistic best and worst case scenarios. In a mediation skills setting, we can have students act as attorneys while we have other students act as mediators and others act as disputants, but achieving a deep understanding of how each participant would actually function often stretches the simulation. Gaps can also occur when faculty teach an approach as 'best practice," without acknowledging its limits and the benefits of other approaches.

In courses which focus on theory, there is always the potential gap between describing process and actually understanding how those processes are lived.

What are some answers?

• be involved in bar association and other practice groups, to ensure our own broad knowledge in this rapidly evolving field

• educate students about different practices and their strengths and weaknesses

• when one particular methodology is the focus of a class or skills training. place it into a context (where on a continuum does this practice fall relative to a variety of goals and process decisions)

• use excellent teaching tools: realistic videos, simulations which are well-crafted, articles which describe practice and articles which critique

• offer clinics, externship, and "shadowing" opportunities so students can participate and observe actual ADR processes

• carefully label, describe, and coordinate course content

• host supplementary speakers and symposia in which students and practitioners explore topics of importance together: how to best prepare clients for mediation; ethical considerations in ADR practice; recent cases in the field; how to choose a mediator; etc.

• integrate ADR into regular substantive courses (use practitioners in the field who can describe actual practice, or carefully crafted simulations)

• teach students the historical and theoretical underpinnings of ADR and be sure that they know that here, as in other fields, the choices they make as practitioners, will influence the field in years to come