Abstract
The National Conference of Bar Examiners (“NCBE”) developed the NextGen Bar Exam to more actively test a broad range of foundational lawyering skills. The timing of the rollout will take several years with the final adoption date in 2028. The formatting of the questions will change, and the “Integrated Questions Set,” where examinees answer a series of questions about a given scenario, seems to be the hallmark of innovation. The NextGen Bar Exam will also include a performance task where examinees will draft a memorandum, legal brief, letter, or similar document. Faculty striving to adapt to the new assessment requirements of the NextGen Bar can introduce mediation and negotiation skills into their courses. Skills taught in alternative dispute resolution courses that can be incorporated into existing curriculum include reflexive listening and reframing questions, identifying the positions versus interests of the parties, understanding conflict handling modalities, and BATNA versus WATNA. For instance, faculty can integrate NextGen Bar Exam Foundational Skills when discussing lease agreements in a contracts class by identifying the strengths and weaknesses of a client’s position based on relevant legal rules and standards. First-year curricular classes and upper-division classes alike will have hurdles and time constraints for the integration of NextGen Bar skills. However, integrating NextGen Bar concepts does not have to be daunting. It could be as straightforward as a fifteen-minute conversation discussing each side’s positions and interests after watching a scenario video and reviewing a simplified lease agreement.
Recommended Citation
Christine Rollins,
Integration of Mediation Skills as Required by the Nextgen Bar Exam,
69
St. Louis U. L.J.
(2025).
Available at:
https://scholarship.law.slu.edu/lj/vol69/iss3/4