All posts by John Lande

Canaries in the Litigation Coal Mine

Early coal mines didn’t have good ventilation, and miners were at risk from dangerous gases in the mines.  So miners would bring canaries into the mines because they were sensitive to the gases and provided a warning of danger.  The canaries would sing until they died from the gases.  When they stopped singing, miners knew … Continue reading Canaries in the Litigation Coal Mine

The Role of Law in Legal Disputes

Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases. In real life, practitioners generally think of law in terms of Oliver Wendell Holmes’s famous definition:  “prophecies of what the courts will do in fact.” Of … Continue reading The Role of Law in Legal Disputes

Missouri is Hiring Entry-Level or Lateral Faculty

From my colleague, Ilhyung Lee, Director of Missouri’s Center for the Study of Dispute Resolution: The University of Missouri School of Law invites applications for one full-time tenure-track or tenured position.  Senior lateral candidates should have a national reputation for distinguished scholarship and a record of excellence in teaching.  Entry-level and junior lateral candidates should … Continue reading Missouri is Hiring Entry-Level or Lateral Faculty

More on Gary Friedman’s Not-So-Excellent Adventure in Politics

The Association for Conflict Resolution of Greater New York and the John Jay College of Criminal Justice in the City University of New York recently hosted an interesting breakfast roundtable featuring Gary Friedman, discussing his unfortunate tenure as a local elected government official.  You may recall that this was the subject of a series of … Continue reading More on Gary Friedman’s Not-So-Excellent Adventure in Politics

Teaching Students to Think Like Practitioners

People often say that dispute resolution processes aren’t “one size fits all.”  When practitioners are asked to opine about hypothetical problems, they often say “it depends” and they make “case by case” decisions. They are telling the truth.  Lawyers make complex decisions as negotiators, litigation advocates, and mediators based on a lot of factors, so … Continue reading Teaching Students to Think Like Practitioners

Three New ABA Books Hot Off the Press!

The ABA Section of Dispute Resolution published three books this year that you, your colleagues, and your students might be interested in. Mediating Legal Disputes: Effective Techniques to Resolve Cases, Second Edition, by Dwight Golann. Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making, Second Edition, by Jennifer K. Robbennolt and … Continue reading Three New ABA Books Hot Off the Press!

Readings and Resources for Teaching

As an annual tradition, this is a reminder of some of my favorite things you might use in your courses as you gear up for next academic year. Here’s a link to the latest and greatest version of the “resource share” compiled by Sharon Press and Noam Ebner. Here’s a post suggesting how you can … Continue reading Readings and Resources for Teaching

Charting a Middle Course for Court-Connected Mediation

The majority opinion in the Breslin case led me to write my piece, Courts Should Make Mediation Good Samaritans Not Frankensteins, which led the CPR Mediation Committee to sponsor a program, Consequences of Not Participating in Court Ordered Mediation:  What Is Fair?  I was one of the speakers, along with Lauren A. Jones, ADR Coordinator … Continue reading Charting a Middle Course for Court-Connected Mediation

New Book on Family Conflict During a Pandemic

Michael Lang and Peter Nicholson edited a book, Family Conflict During a Pandemic:  Stories of Struggles and Hope.  It is a collection of short contributions, including stories, essays, poetry and art work by 93 people from 17 countries including pieces in 9 languages.  The pieces are organized in four sections: Authors explain how they and … Continue reading New Book on Family Conflict During a Pandemic

Reconciling Allegedly Alternative Mediation Models by Using DIY Models

Like it or not, facilitative and evaluative mediation are part of the social reality of our field.  Despite the fact that these models are misleading and provide counterproductive concepts to guide mediators’ behaviors and set parties’ expectations, they are inescapable.  They are standard elements in texts, courses, trainings, and general discourse in our field.  They … Continue reading Reconciling Allegedly Alternative Mediation Models by Using DIY Models