From the daily archives:

Tuesday, November 11, 2008

An LSAT for the 21st century

In the U.S., thousands of graduate school applicants sit each year for one or more of the standardized tests that most universities require as part of their admissions process.  One of them, the Law School Admission Test, known as the LSAT, measures the reading comprehension and verbal reasoning skills of hopeful attorneys-to-be — yielding results that purport to predict success in law school and in practice later.

But does the LSAT in fact measure the right stuff?

Researchers at the UC-Berkeley School of Law think that they have identified tests more accurate than the LSAT, according to a report by Petra Pasternak published at Law.com, “Berkeley Wants Research on LSAT Alternatives to Go National“. According to Pasternak,

Roughly 10 years have passed since Berkeley law professor Marjorie Shultz set out to find a more complete way to test students for admission to law school. This fall, she and Berkeley psychology professor Sheldon Zedeck have wrapped up their findings in a 100-page report, now available on the law school’s Web site. They say the LSAT, with its focus on cognitive skills, does not measure for skills such as creativity, negotiation, problem-solving or stress management, but that they have found promising new and existing tests from the employment context that do…

Jeffrey Brand, dean of the University of San Francisco School of Law, said that the research is welcome. Brand…said that passing the bar exam is clearly important.

“But we also need lawyers with the kind of skill sets that the world needs — like empathy, persuasiveness and the willingness to have the courage to do the right thing — which the LSAT does not measure,” Brand said.

Proponents of alternatives to the LSAT will no doubt have tough negotiations ahead of them as they endeavor to persuade the legal community of the merits of utilizing other measurement tools to predict effectiveness in law school and beyond. I wish them success: the legal profession and the public it serves can only benefit from this closer inquiry into what it takes to be an effective lawyer today.

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Kraybill releases 2008 upgrade for Style MattersConflict resolution expert, mediator, and peacebuilder Dr. Ron Kraybill has asked me to let readers know that he has released a 2008 upgrade for Style Matters: The Kraybill Conflict Style Inventory through the company he founded, Riverhouse ePress.

With over 120,000 users, Style Matters has helped business managers, organizational consultants, and conflict resolution trainers worldwide teach personal conflict management skills. What distinguishes Style Matters from other conflict mode instruments is its commitment to cultural sensitivity, providing different instructions for collectivist and individualistic cultures.

As he has done in the past with previous releases of Style Matters, Dr. Kraybill generously offers a free review copy for downloading, along with a trainers’ guide (PDF).

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A door to justice closes in Massachusetts courtsIn news that has stunned the alternative dispute resolution community in Massachusetts, the Massachusetts Trial Court has terminated its mediation contracts with programs approved to provide services in courts throughout the Commonwealth.

This move comes in response to the decision by Massachusetts governor Deval Patrick to order deep cuts in the state budget to offset a projected revenue shortfall of roughly $1 billion. Mediation programs are but one more casualty of the fiscal crisis Massachusetts, like many other states around the U.S., currently faces.

As a mediator — particularly one who devoted time to promoting the use of court-connected ADR as a member of the Trial Court Standing Committee on Dispute Resolution — I feel this blow acutely. It dismays me to see mediation devalued in this way. It is, in Massachusetts at least, expendable not essential.

Fortunately, elsewhere in the U.S., courts are ramping up their commitment to ADR, not downsizing it. Examples include foreclosure mediation programs rolled out in New Jersey, Ohio, and Florida.

How disappointing to learn that Massachusetts, the place where ADR pioneer Frank Sander had his vision of the multi-door courthouse, has elected to slam shut one doorway to justice.

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