An Analytic Framework for Dispute Systems Design

The use of the trial as the dominant form of dispute resolution is diminishing,2 yet law schools continue to train young lawyers as if the courtroom will be the principal venue for addressing legal conflicts. The historically narrow focus of legal curricula on litigation and appeals is insufficient to prepare young lawyers for the world that awaits them.3 While clients will continue to need attorneys who are effective in court, lawyers are increasingly called upon to play a much wider range of roles. Law graduates now serve not only as litigators, but also as general counsel, CEOs of for-profit and nonprofit entities, legislators, government counsel, diplomats, and policy advocates. In these roles, law-trained professionals often must work “upstream” in the life of conflicts. They must understand how to prevent conflicts, manage