All posts by John Lande

Problems with Teaching “Integrative” Negotiation

Debra Berman wrote Is Our Over-Emphasis on Integrative Negotiation Pedagogy Falling Short of Reality?, which prompted responses by Art Hinshaw and Carrie Menkel-Meadow as well as others on the DRLE listserv. My answer to Debra’s question is that our over-emphasis on integrative negotiation pedagogy does fall short of reality.  We know that much – probably … Continue reading Problems with Teaching “Integrative” Negotiation

ADR Diversity Panel for Students TOMORROW, November 19

From PFOI Robyn Weinstein: The Brooklyn Law School Student Organizations OUTLaws and APALSA are hosting a free ADR Diversity Panel tomorrow, November 19, 2020 from 12:40 pm – 1:50 pm. The purpose of this panel is to provide insight for future practicing attorneys on how to begin, develop, and thrive in the ADR field. Specifically, … Continue reading ADR Diversity Panel for Students TOMORROW, November 19

ODR through the Lens of A2J: Who Benefits?

My indefatigable colleague, Amy Schmitz, recently gave an important presentation, “ODR through the Lens of A2J: Who Benefits?” which examined ODR’s successes and failures in advancing justice. Yale Law Professor Judith Resnik provided a commentary. This presentation was sponsored by the Quinnipiac-Yale Dispute Resolution Workshop.  Click here to watch the video.  [But first click on … Continue reading ODR through the Lens of A2J: Who Benefits?

Is Our Over-Emphasis on Integrative Negotiation Pedagogy Falling Short of Reality?

From EFOI Debra Berman: In our zeal to teach integrative bargaining, many of us tend to use negotiation role-plays that have multiple items to creatively bargain about. But is that actually doing a disservice to our students?  While I certainly believe it is beneficial to teach our students to think outside of the box and encourage … Continue reading Is Our Over-Emphasis on Integrative Negotiation Pedagogy Falling Short of Reality?

A Message for Law Students to Prepare Themselves for Legal Practice

Reflecting on my They Should Call it Negotiation School and Law School Failures posts, I wrote the following message, which you may want to share with your students.  Although they may be too busy to follow up on this now, you can plant a seed for them to pursue this during the winter break. ___________________________________________________________________ … Continue reading A Message for Law Students to Prepare Themselves for Legal Practice

Program on Anti-Racism and the Mediator’s Role on November 13

From TFOI Robyn Weinstein: The ADR Department of the US District Court for the Eastern District of New York and the Columbia Law School Ethics Colloquium will present a program, Anti-Racism and the Mediator’s Role: Irreconcilable Differences or Ethical Imperative?, on Friday, November 13, 2020, from 12:00pm – 1:30pm. The program is free and 1.5 … Continue reading Program on Anti-Racism and the Mediator’s Role on November 13

You Really Should Know About Kris Franklin

Kris Franklin is a kindred spirit to folks in our community.  I hadn’t heard of her until I was wowed by her conversation with Peter Philips, which you can see in this 42-minute video. She’s a professor at New York Law School and here’s an excerpt from her webpage: An academic innovator, Kris Franklin brings … Continue reading You Really Should Know About Kris Franklin

Study Finds That Law Schools Fail to Prepare Students to Work with Clients and Negotiate

I previously posted an overview of the excellent report by Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett, Building a Better Bar: The Twelve Building Blocks of Minimum Competence.  This report is based on insights from 50 focus groups with 201 participants conducted … Continue reading Study Finds That Law Schools Fail to Prepare Students to Work with Clients and Negotiate

Inspiring Message from Rachel Viscomi About Moving Forward

Here’s an inspiring message from TTFOI Rachel Viscomi: Dear friends and colleagues, As the United States engages a deeply consequential election, one thing I know for certain is that, whatever the final tally shows, we have a long road ahead of us.  The election, while vitally important, can only do so much.  It can tell … Continue reading Inspiring Message from Rachel Viscomi About Moving Forward

Need for Clear Language Initiative to un-Babel Our Models

Houston, We Have a Problem I’ve said it before, and I’ll say it again.  We use rotten language to describe our ideas and theories. Theory is important because it guides actions.  Concepts are building blocks of theory. It’s a real problem if we use different language for similar concepts or the same terms for different … Continue reading Need for Clear Language Initiative to un-Babel Our Models

Important New Report on Essential Lawyering Skills

Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett just published an important report, Building a Better Bar: The Twelve Building Blocks of Minimum Competence, based on insights from 50 focus groups. They found that minimum competence consists of 12 interlocking “building blocks,” including … Continue reading Important New Report on Essential Lawyering Skills