Some Thoughts on Teaching International ADR and the Case for Reality-Based Simulations
22 ARB. INT’L 249
18 Pages Posted: 12 Sep 2018
Date Written: 2006
When academics in the international ADR field compare notes, two questions often characterize the discussion: what should we teach and how should we teach it? In this article, I sketch my answer to the second ‘how to’ question. What I outline may be second nature to seasoned veterans of the teaching craft, and indeed may contradict long held and perfectly legitimate views. In the classroom, success comes in many forms and is measured in many ways; what succeeds for one instructor is ill-suited to another who may thrive when left to develop an individual style and methodology. I make extensive use of hypothetical fact patterns, which unfold in segments corresponding to key junctures in an arbitration. Students are required to consider the issues that arise with each new session (and layer of facts). Ultimately, they will have encountered a representative range of problems starting with the pre-dispute context and ending with the post-award setting. In addition, when class size permits, each student will have been called upon to role-play, discharging duties as a business planning lawyer, an arbitrator, an advocate or an expert.
Keywords: international ADR, alternative dispute resolution, reality-based simulations, teaching, hypothetical fact pattern, arbitration, role play
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