Islands, Vitamins, Salt, Germs: Four Visions of the Future of ADR in Law Schools (and a Data-Driven Snapshot of the Field Today)

Abstract

Many have written about the growth and evolution of ADR, both within law schools and in broader contexts. With this article, I hope to add two things to those descriptions of the field. First, I provide a more detailed and data-driven snapshot of the field’s recent history within the legal academy. How large is the field? Is it growing? What do we know about those who are joining the ranks of ADR faculty and those who are leaving it? How many courses do ADR faculty teach, and what do they wind up teaching? What roles do gender and teaching experience play in who teaches or in what they teach? What do we know about the schools at which law faculty are teaching ADR? Second, I suggest four different models for describing how law schools approach their ADR offerings. Some law schools may become Islands of ADR - ones in which ADR is part of the school’s distinctiveness. Some law schools may ADR as Vitamins - requiring every student to take at least the recommended dosage. Some law schools may treat ADR as Salt - vital seasoning for many different offerings, but never consumed on its own. Finally, individual faculty members at some law schools may intentionally, but quietly, incorporate ADR as Germs into their courses. These four images of ADR’s future in law schools provide an opportunity to return to the data, to test the extent to which law schools are already pursuing one or more of these visions.