LAW STUDENTS FOR ALTERNATIVE DISPUTE RESOLUTION

to: Dale Goble, Chair, University of Idaho College of law Curriculum Committee; Faculty Hiring Committee; and faculty
from: University of Idaho Law Students for Alternative Dispute Resolution
subject: ADR Course Proposal
date: September 28, 2001
CC:  Dean Jack Miller; Associate Dean D. Ben Beard

I. Introduction
At their best, lawyers serve as society's general problem solvers, skilled in avoiding as well as resolving disputes. No matter who the client, what the substantive legal issues or whether the situation involves litigation or planning, the principal role of a lawyer will always be the same – to help the client achieve effective solutions to their problems. The skilled lawyer brings a host of faculties to this work involving legal knowledge, judgment, decision-making, common sense, practical wisdom and creativity. The lawyer's critical role in our society as a counselor, problem solver, and negotiator is built on the strength of his or her problem solving acumen and sophistication.

Law schools have long focused on the development of important problem solving skills through the appellate case method. However, over the last twenty years, as lawyers spend a decreasing percentage of time actually on trial or handling appeals, there has been a growing recognition that learning about a variety of dispute resolution alternatives is essential in the education of an attorney. Indeed, the number of dispute resolution course offerings at law schools has increased by 50% between 1989 and 2000. Today nearly every accredited law school in the nation offers at least one course in alternative dispute resolution. The University of Idaho, however, in its course offerings falls far short of the national norm in this critical part of legal education. On behalf of Law Students for Alternative Dispute Resolution, this proposal is a request that the curriculum committee, the faculty hiring committee and all faculty members take affirmative steps to meet the need and desire for integration of alternative dispute resolution into the law school curriculum.

Part II of this proposal is an overview of present day ADR offerings at 182 ABA approved law schools. Part III discusses the University of Idaho's current offerings and where we fall short of the national norm. Part IV is our recommendation for change in the law school curriculum. In addition, attached is a study by the CPR Institute for Dispute Resolution on problem solving and the law school curriculum. Conducted under the guidance of an Advisory Council of distinguished law teachers and deans, this material provides more detailed analyses and recommendations that may be helpful to consider.

The timing of this proposal coincides appropriately with Janet Reno's visit to our school when she will present her lecture, "The Legal Profession as Problem Solvers and Peacemakers." The theory and practice of helping to resolve disputes of all kinds without formal litigation has become a standard part of the legal profession and legal education today. Every law student should have the opportunity to take a course where the lawyer's core roles of problem solver, counselor, negotiator and consensus builder are examined.

II. Survey
In 1992, an ABA Task Force issued a report on Legal Education and Professional Development – An Educational Continuum (commonly referred to as the "MacCrate Report"). The report listed ten fundamental lawyering skills for competent representation. Among them, explicitly listed were "problem solving," "negotiation," and "alternative dispute resolution procedures." The report goes on to recommend 25 ways for enhancing law school education.

Realizing the growing need for legal education in the field of dispute resolution, most law schools have approached the subject by providing a survey course in ADR or Dispute Resolution Processes. According to the Directory of Law School Dispute Resolution Courses and Programs published by the ABA in 2000, of the 183 ABA-approved law schools, 157 schools reported offering an ADR survey course, 86 schools offer at least one course in mediation, 73 schools offer at least one in arbitration, and 116 schools offer at least one course in negotiation. In addition, 62 schools offer dispute resolution related clinical opportunities. There is also a trend toward incorporating dispute resolution theory and processes into traditional first year courses, including civil procedure, contracts, torts and criminal law.

Surveying the law schools in the Pacific Northwest, every law school in Oregon, Washington and Montana list multiple offerings in dispute resolution courses. The University of Washington offers a "dispute resolution concentration track," with over 20 corresponding course and clinical opportunities. Willamette University has been ranked 5th in the specialty of dispute resolution and requires a dispute resolution course for all first year students.

III. Self Analysis
The University of Idaho currently does not offer a single course in the fall or spring semester in dispute resolution processes, nor does it appear to have a full-time faculty member with the time to teach such a course. Despite this, our catalogue indicates that "Areas of Emphasis" at the College of Law include "Professional & Litigation Skills" comprising of instruction ranging from "client counseling, negotiation and mediation…" The ABA 2000 directory of dispute resolution programs lists Negotiation and Alternative Dispute Resolution, Lawyering Process and Legal Aid Clinic as dispute resolution programs offered at the University of Idaho.

In actuality, the true instruction at the University of Idaho is even sparser. Our catalogue reflects a two-credit course that had apparently been offered at some point, but does not appear to be in active status: Law 917 Negotiation and Alternative Dispute Resolution. Lawyering Process, while a logical place to include dispute resolution skills instruction, is a course focused primarily on pre-trial pleadings and motions. The substance of this course appears to vary according to the adjunct or faculty teaching the course.

The single course offering for our students to receive basic ADR training is the Northwest Institute for Dispute Resolution, offered for credit in the summer. This opportunity, while an invaluable asset to the College, has several major drawbacks for students. First, as the Institute is open to attorneys, human resource managers, mental health professionals, and all other prospective practitioners, students must compete for limited spaces. Thus, not all students who desire to attend are always actually able to attend. Second, the course is offered at a time when we encourage students to participate in summer externship and internship opportunities. Lastly, the reality is that most students are physically, mentally, emotionally and financially drained the week following finals and are not anxious to sit indoors through 40 hours of intense training. The fact that we have Northwest Institute in no way makes the need for regular semester course offerings less imperative.

Law Students for Alternative Dispute Resolution is an organization dedicated to bringing ADR opportunities to our students. We currently offer one eight-hour negotiation training in the fall, and one eight-hour mediation training in the spring. To supplement our trainings we sponsor intra-school negotiation and mediation advocacy competitions. Student winners from these competitions have recently ranked in the top ten nationally, despite their seeming disadvantage competing against students whose schools devote an entire semester course to training them. In addition, due in part to the urging of our organization, the Legal Aid Clinic has agreed to open a Mediation section of the General Clinic, open also to second-year students with previous ADR training. The Tribal Clinic is also spearheading a tribal mediation program.

We currently have 60 active members, making us one of the largest student groups in the school. Sixty-five people attended our first meeting of the year.

IV. Recommendations and Conclusion
Our organization does not have the financial capabilities to fill this void in our curriculum. The need for integrating dispute resolution in to the curriculum has never been greater. We have the student interest. The University of Idaho would likely be an excellent candidate for one of the many grants available designed specifically to help schools integrate alternative dispute resolution in to the curriculum.

LSADR dreams of having a program equivalent to many of the leading programs in the country. However, more realistically, LSADR recommends that an attempt be made to bring our offerings up to the national norm – as soon as possible. At a minimum, this would include offering on a permanent basis a survey course in Alternative Dispute Resolution and a Mediation, General Arbitration, and/or Negotiation Skills course. In order to ensure its permanence in the curriculum, we understand that a new faculty member may be needed. We ask that the faculty hiring committee take into consideration these curriculum needs when reviewing and interviewing applicants for the new hire.

We believe it is important to bear in mind that the selection of courses offered at a law school sends a message to both current and prospective students, and even faculty. For example, for 100 years, American law schools offered no clinical education. By today's standards, accreditation requirements declare that unacceptable. Similarly, following Watergate, the ABA required instruction in professional ethics. What is offered and not offered in the law school curriculum sends a powerful message to students about what is important. The failure to offer courses in certain fields may be interpreted as a statement in and of itself, even if unintended.

As most professionals will agree, alternative dispute resolution is no longer "alternative." ADR courses are no longer "specialty courses" in law school curricula. Curriculum changes are never easy and involve difficult tradeoffs in time and money. However, the lawyering skills as well as ethics and attitudes that can be taught in a dispute resolution course are central to the performance of any lawyer's work. As the curriculum stands now, University of Idaho students are entering the profession at a clear disadvantage.
 

We thank-you for your consideration and support of this proposal.

Sincerely, The Members of Law Students for Alternative Dispute Resolution

Mia Gomez, President

Anna Vogt, Vice President

Mandy Hessing, Treasurer

Jennifer Brun, Secretary

Jolene Zajdel, Co-Training Coordinator

Christine Starr, Co-Training Coordinator

David Merrel, ABA and Idaho Bar Assoc. Liason