Shaping the Future: The Discourses of ADR and Legal Education
AbstractCompeting discourses in legal education shape practices in law schools and these discourses affect the teaching of Alternative Dispute Resolution (ADR). This area of study has become increasingly important for law students to understand, both at undergraduate or Juris Doctor level, due to the widespread adoption of ADR in our legal and justice system. Attitudes to ADR can be explored through the framework of the various discourses presently competing for dominance in Australian law schools. There are arguably six main discourses in legal education,doctrinalism, vocationalism,corporatism, liberalism, pedagogicalism and radicalism. This paper will apply these discourses in legal education to the subject area of ADR. The possibilities for legal education to more fully explore ADR to assist future lawyers to engage in the full range of dispute resolution options will be explored.
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