Over recent years, ADR has become an integral part of Australian legal practice. This, along with a number of other forces, has led to a recognition that ADR needs to be taught in law schools. In this paper I explore whether it follows that ADR should be taught in clinical legal education (CLE). I report the findings from my PhD research addressing the question of the role of ADR in CLE. Drawing upon interviews with clinicians and course directors, I begin by considering whether ADR ‘fits’ within CLE, and if so, on what basis. Clinicians viewed the “mission” of CLE as having a dual focus: the pursuit of social justice and developing students’ skills for legal practice. I show that participants viewed the goals of CLE as being implicitly connected to ADR, aligning with a common goal (furthering access to justice). I argue that clinicians viewed ADR as a valuable component of CLE, enhancing student awareness of social justice and the various options for dispute resolution. I argue that the close association between the “missions” of CLE and ADR, enhanced by their relationships with CLCs and legal aid programs, provides a solid foundation for the teaching of ADR in CLE.
|Media of output||The Australian Dispute Resolution Research Network|
|Publisher||Australian Dispute Resolution Research Network|
|Place of Publication||Australia|
|Publication status||Published - 21 Jan 2019|
Weinberg, J. (2019, Jan 21). The common missions of ADR and clinical legal education provide a solid foundation for teaching ADR in clinic. Australia: Australian Dispute Resolution Research Network. https://adrresearch.net/2019/01/21/the-common-missions-of-adr-and-clinical-legal-education-provide-a-solid-foundation-for-teaching-adr-in-clinic/