Deserts Still Need Water: Using ADR Processes to Support Rural Residents and Counter the Challenges Stemming from the Shortage of Lawyers in the “Great American Legal Desert”

Authors

Whitney Heuermann

First Page

431

Last Page

456

Document Type

Comment

Abstract

Researchers dub rural America the “Great American Legal Desert,” deriving its nickname from the fact that roughly 20% of the nation's population lives in rural America while only 2% of small law practices are located in rural areas. This comment proposes that an increase in alternative dispute resolution (ADR) programming and usage serves as a viable avenue to alleviate the lawyer shortage’s harmful effects in rural America. This note begins by generally identifying ADR’s pros, such as cost, privacy, and community preservation, and then correlating these advantages to various aspects of rural America. ADR programming in Kentucky, Idaho, and Kansas is then explored, identifying what factors makes ADR in a rural setting both successful and unsuccessful. Next, various types of rural disputes, including agricultural, family, and business, are examined to determine where ADR can be most beneficial. Finally, methods are assessed to increase ADR awareness and usage in rural America by emphasizing educational, governmental, political, and judicial support, with the hope that change can create a lasting impact on rural communities today and in the future.

Recommended Citation

Whitney Heuermann, Deserts Still Need Water: Using ADR Processes to Support Rural Residents and Counter the Challenges Stemming from the Shortage of Lawyers in the “Great American Legal Desert”, 24 Pepp. Disp. Resol. L.J. 431 (2024)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol24/iss1/13