Paula Young has undertaken an admirable (and time-sensitive) research project.  She wrote the following in an email to the AALS list, and I’m sure she’d welcome input from folks across the country:

I am trying to learn which states test any ADR topics on the bar exam, especially arbitration.  I know that Alabama, Virginia, and New York have tested it as an essay topic.  I also read through the summaries of the MPT exam administered in 32 states (plus Guam and Northern Mariana Islands).

The second problem in the February 2006 exam covered a motion to quash a subpoena issued to a mediator.  A prosecutor sought to discover confidential mediation communications about illegally dumped chemical wastes.

The second problem in the February 2005 exam involved whether state law preempted the FAA and permitted a lawsuit against an HMO in a wrongful death case.

The second problem in the February 2002 exam arguably involved an attempt to negotiate a settlement of a noise dispute between neighbors.   The complaining party wanted to resolve the dispute short of litigation.  The summary notes:  “Applicants are asked to write a letter to the Doyle’s attorney to persuade him that the noise from the Doyle’s band constitutes a private nuisance and that if the Maderts were to sue, a court would likely grant an injunction and award damages.  The letter should include suggestions of steps the Doyles could take to abate the noise.”

See http://www.ncbex.org/multistate-tests/mpt-summaries

Thanks for the help.

Paula M. Young
Associate Professor of Law
Director, Lawyer as Problem-Solver Certificate Program
Appalachian School of Law