Arbitration Tips-N-Tools (TNT): Round 20

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about the growing interest in education around arbitration, especially in a digital world, and faced with the complexities of the Covid-19 pandemic.

Round 20: Do you see growing interest in education around arbitration? Why or why not??

Responses:

A) Steven G. Shapiro

There is certainly an increase in law firm arbitration practices that are driving students in directed career paths.

B) Imre Szalai

It seems that interest in dispute resolution is cyclical in the legal academy. In recent years, there have been more media stories about arbitration and greater momentum in state and federal legislatures to consider arbitration reforms (but not enough votes at the federal level.) Perhaps this increased attention to arbitration may result in some increased discussion of arbitration in law school classes, such as a civil procedure class where one can discuss the impact of the widespread use of arbitration agreements. If I had control over a curriculum, I would require that all law students have exposure to negotiation, mediation, and arbitration, perhaps in connection with a civil procedure course or as a stand-alone ADR survey course.

C) Erin Archerd

Students are very interested in learning more about ADR – negotiation, mediation, arbitration, and other procedures that they are likely to have to use in their actual practice. Most law schools offer some range of courses in ADR, including arbitration. A related question is whether these courses are treated as core doctrinal courses or as nice-to-have skills-based courses. Because they aren’t tested on the bar, but are clearly relevant to practice, many schools seem to treat these ADR courses as something it’s easy to use an adjunct for – I suppose Michael Moffit would call this the salt approach – and never push students to consider the theoretical implications of ADR. In arbitration for example, there are many opportunities to review important concepts in civil procedure, statutory interpretation, and crafting public policy arguments.

author

Imre Szalai

Professor Szalai graduated from Yale University, double majoring in Economics and Classical Civilizations, and he received his law degree from Columbia University, where he was named a Harlan Fiske Stone Scholar. After graduating from law school, Professor Szalai practiced antitrust law in New York City, and then he practiced complex…

author

Steven Shapiro

Steven Shapiro teaches, writes, and speaks on topics in complex hospitality issues and construction law at the American University, Washington College of Law, blending his career in law firm practice, construction engineering, and academics. Recognized for innovation in bringing the realities and economics of commercial practice into the classroom and…

author

Erin Archerd

Erin Archerd joined the Detroit Mercy Law faculty in Fall 2015. Prior to becoming a professor, she was an associate in the San Francisco office of Covington & Burling LLP, where she focused on corporate transactions, primarily in the information technology and biotechnology sectors, as well as preparing an amicus…

author

Amy Schmitz

Professor Amy Schmitz joined the University of Missouri School of Law and the Center for Dispute Resolution as the Elwood L. Thomas Missouri Endowed Professor of Law in 2016. Previously she was a Professor at the University of Colorado School of Law for over 16 years. Prior to teaching, Professor…

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