All posts by John Lande

Bush’s and Lande’s Differing Perspectives of Mediation Theory

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Thanks to Andrea Schneider, the Cardozo Journal on Dispute Resolution’s faculty advisor, and its editors, the Journal just published articles by Professor Robert A. Baruch Bush and me expressing differing perspectives about basic mediation theory.  I appreciate this opportunity to publish our perspectives and share them with readers. Prof. Bush’s article is Beyond the Toolbox: … Continue reading Bush’s and Lande’s Differing Perspectives of Mediation Theory →

The Deplorable Vanishing of Fox’s Trial-Part 2

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I posted my short article, The Deplorable Vanishing of Fox’s Trial, on the NYC-DR listserv, which prompted several responses including this one: Given the magnitude of the settlement I question whether the judge imploring the parties to settle made much difference.  I do think the decisions on the summary judgment motion, which left open only … Continue reading The Deplorable Vanishing of Fox’s Trial-Part 2 →

ABA Section of Dispute Resolution’s Spring Conference – May 10-13

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From Corinne Stuber, a member of the ABA Dispute Resolution Section’s Spring Conference Marketing Committee: We are excited to bring ADR professionals together again in Las Vegas after three years of virtual conferences!  As the world’s largest ADR conference, it provides attendees a chance to network with others in the field, attend quality educational programming … Continue reading ABA Section of Dispute Resolution’s Spring Conference – May 10-13 →

The Deplorable Vanishing of Fox’s Trial

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I just wrote another short piece you might want to read, The Deplorable Vanishing of Fox’s Trial.  Here’s the abstract. About 20 years ago, there was a flurry of worries about “the vanishing trial.”  Professor Marc Galanter described trials as having the potential for “deep accountability” where facts are exposed and responsibility is assessed.  The … Continue reading The Deplorable Vanishing of Fox’s Trial →

St. John’s Carey Center Award Ceremony on April 19, 2023

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From Elayne Greenberg: Please join us online as we present the St. John’s University School of Law Carey Center’s 2023 Dispute Resolution Advancement Award to Professors Jessica Bregant, Jennifer K. Robbennolt, and Verity Winship.  They  will discuss the award-winning research reported in their Harvard Negotiation Law Review article, “Perceptions of Settlement.”  Read more about this year’s award winners. Starting with the premise that little is … Continue reading St. John’s Carey Center Award Ceremony on April 19, 2023 →

Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum

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I just saw that two very impressive people in our field, Kris Franklin and Peter Phillips, wrote an excellent article, Pass the Salt: Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum, 23 Pepp. Disp. Resol. L.J. 1 (2023), building on the work that many of us have done.  Here’s the abstract: Attorneys work with clients … Continue reading Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum →

A Proposal for the Joint Development of Generative AI for the Dispute Resolution Profession

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From Gary Doernhoefer: Open AI’s very public unveiling of ChatGPT has launched the debate in many fields over how artificial intelligence (AI) could be put to good use, contrasted with its potential for misuse.  There is a path for the dispute resolution profession to lead as an example of responsible development of this technology.  First … Continue reading A Proposal for the Joint Development of Generative AI for the Dispute Resolution Profession →

The Importance of Really Listening – For Ourselves, Others, and Democracy

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I recently posted a short article you might want to read, The Importance of Really Listening – For Ourselves, Others, and Democracy.  Here’s the abstract. This article discusses how listening carefully can help others and ourselves and is important for healthy democratic processes.  Relying on Kathryn Schulz’s book, Being Wrong:  Adventures in the Margin of … Continue reading The Importance of Really Listening – For Ourselves, Others, and Democracy →

Please Take the ABA Survey on Use of Technology in ADR

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From Gary Doernhoefer: The impact of new technology is being felt in every profession.  To consider the future of technology in dispute resolution, we need to start with a snapshot of how practitioners currently use technology and their attitudes about its future application to the profession. Please help us gain these insights by taking 10 … Continue reading Please Take the ABA Survey on Use of Technology in ADR →