All posts by John Lande

Ideas for Teaching Mediation and Negotiation

Imagine that you just stared into the neuralyzer in Men in Black.  It wiped out all your memory of the traditional bundled of models of mediation and negotiation.  You know – facilitative and evaluative mediation, interest-based and positional negotiation, etc. etc.  The neuralyzer also vaporized all references to them in texts and teaching materials. You’re … Continue reading Ideas for Teaching Mediation and Negotiation

LIRA Videos Out the Wazoo!!

Everyone knows that lawyers should carefully assess their cases at the earliest appropriate time.  In cases that are or might be litigated, lawyers often focus primarily or exclusively on estimating the expected court outcome (aka the BATNA value). The LIRA book provides guidance for more thorough and systematic case assessments, including values for tangible costs … Continue reading LIRA Videos Out the Wazoo!!

LIRA in Criminal Cases

The LIRA book – Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions – focuses on civil litigation.  It describes three elements that practitioners and parties should consider when assessing litigation interests and risks: (1) the expected court outcome, (2) future tangible costs of continuing to litigate, and (3) future intangible costs … Continue reading LIRA in Criminal Cases

Inter-School Negotiation Practicum for the Spring

From FFOI Debra Berman: As you begin to prepare for the spring semester, please consider incorporating our Inter-School Negotiation Practicum. Over the last year, more than 1,000 students from 31 schools have participated and we are gearing up to do it again this spring.  Please note that this is not a “competition.”  Rather, it is … Continue reading Inter-School Negotiation Practicum for the Spring

New York Law School Wednesday Conversations

GFOI Peter Phillips, the director of New York Law School’s ADR Skills Program, is a terrific interviewer and he is continuing the series of lunch time conversations with leading figures in our field.  Here’s an announcement of the next series of interviews. We are pleased to announce the fourth series of this popular event. Every … Continue reading New York Law School Wednesday Conversations

Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes

The good folks at the Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College invited me to give a talk as part of their monthly breakfast series.  Last week, I gave a presentation, Helping Parties Make Decisions About What’s Really Important, which synthesizes ideas I have been … Continue reading Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes

Building a Better Bar Study Suggests Need to Restructure Bar Exams

Deborah Jones Merritt, co-author of the report, Building a Better Bar: The Twelve Building Blocks of Minimum Competence, wrote a post, Could We Create a New Bar Exam?  She writes: Neither states nor the National Conference of Bar Examiners (NCBE) have ever validated the current exams; that means we have no evidence that the skills … Continue reading Building a Better Bar Study Suggests Need to Restructure Bar Exams

Dispute Resolution Advancement Award Application Deadline January 21

From TFOI Elayne Greenberg: About the Dispute Resolution Advancement Award Given annually through the Hugh L. Carey Center for Dispute Resolution at St. John’s Law, this $5000 Award honors scholars and practitioners whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. Nomination Criteria You are invited to … Continue reading Dispute Resolution Advancement Award Application Deadline January 21

FMCS Seeks Collaboration with Universities

Forwarded by GFOI Lara Fowler: The Federal Mediation and Conciliation Service (FMCS) believes that there is a great mutual benefit to be gained through collaboration with academic institutions.  FMCS mediators, with their wealth of practical experience, have much to contribute to the learning and research in the field of Alternative Dispute Resolution (ADR).  At the … Continue reading FMCS Seeks Collaboration with Universities