Legal education is built around a core irony: almost no human disputes are resolved via trials, and yet we dedicate years to teaching law students how to resolve disputes via litigation. To remedy this incongruity between legal education and the reality of lawyering, the two of us have begun integrating negotiations, settlements, and mediation into our 1L legal writing curriculum. This article describes why and how we have introduced our students to these non-litigation skill sets, starting to train them in what we believe may be their most powerful dispute resolution skills when they enter the legal world.
Olivia Farrar & A.G. Harmon, Lawyering Outside Lawsuits: Incorporating Negotiations, Settlements, and Mediations Into the legal Writing Curriculum, 10 PERSP.: TEACHING LEGAL RES. & WRITING 42 (2010) (with Olivia Farrar).