All posts by John Lande

What I’m Reading – What We’ve Got Here is Failure to Communicate

It’s a damn miracle that people ever understand each other. A recent episode of the This American Life podcast provides ample illustration.  Entitled, What We’ve Got Here is Failure to Communicate, the podcast tells several, mostly discouraging, stories.  (Click here for the source of this phrase.) One story describes special challenges due to the covid … Continue reading What I’m Reading – What We’ve Got Here is Failure to Communicate

Simulations Based on Actual Cases – Why Reinvent the Wheel?

From Debra Berman: I know there have been many discussions over the years regarding how to effectively use simulations in negotiation and mediation classes.  After reflecting on my semester, I’d like to take this opportunity to reopen the conversation and provide you with my perspective. This year, I decided to substantially change how I utilize … Continue reading Simulations Based on Actual Cases – Why Reinvent the Wheel?

DR Professor Meet-Up Thursday, Dec. 2 at 1 EST

From Debra Berman: Dear colleagues, I hope you all had a wonderful holiday.  As we get back into the swing of things, I’d like to take this opportunity to remind you about an event this week.  Please join the ABA Legal Education in Dispute Resolution (LEDR) Committee for its inaugural DR professor virtual meet-up this … Continue reading DR Professor Meet-Up Thursday, Dec. 2 at 1 EST

How Mediators Can Solve Tough Problems in Mediation

In a recent presentation to mediators in Michigan, I asked the audience to describe what was frustrating in their mediations.  They often struggle when lawyers and parties are not prepared when they go to mediation, have unrealistic expectations, and act very emotionally. Their reactions prompted me to write this short article in the Michigan Dispute … Continue reading How Mediators Can Solve Tough Problems in Mediation

Arbitration Training Institute and Arbitration Practice Program – June 1-3, 2022

From Harrie Samaras: The ABA Section of Dispute Resolution will hold its 15th Annual Arbitration Training Institute and Inaugural Arbitration Practice Program on June 1-3, 2022. It will in person at Loyola University Chicago School of Law. This two-day comprehensive training in advanced arbitration skills will be presented by nationally recognized experts. It will feature … Continue reading Arbitration Training Institute and Arbitration Practice Program – June 1-3, 2022

What I’m Reading – Collateral Damage of War

War is the worst method of dispute resolution.  In war, combatants and civilians are killed and injured, physical and social infrastructure is destroyed, and individuals and societies are traumatized, resulting in harms that can continue long after wars are declared to be over. People often use the term “collateral damage” referring to death and injury … Continue reading What I’m Reading – Collateral Damage of War

What I’m Reading – Thanks for the Feedback

Legal academics and practitioners are professional feedback givers and receivers.  Of course, faculty constantly give feedback to students – and also to colleagues.  Faculty are frequently evaluated for hiring, promotion, and tenure decisions as well as about their publications and presentations, funding requests, and lots of other things. Practitioners regularly provide clients with feedback, often … Continue reading What I’m Reading – Thanks for the Feedback

What I’m Reading – PBS Documentary on William Randolph Hearst

I learned a lot about William Randolph Hearst by watching the PBS American Experience documentary about him.  He is best known as a purveyor of “yellow journalism,” promoter of the Spanish-American War, and the target of the Orson Welles film, Citizen Kane.  The documentary shows that he has had a huge and continuing impact on … Continue reading What I’m Reading – PBS Documentary on William Randolph Hearst

What I’m Reading – The Social Dilemma

“Facebook is like a pocketknife:  You can use it to peel an apple or stab a janitor at school.”  So said tech analyst (and talk-show host) Jimmy Kimmel. Noam Ebner (not a talk-show host) wrote, “Its positive characteristics and opportunities notwithstanding, the Internet has become something similar to a bad neighborhood after dark. … Even … Continue reading What I’m Reading – The Social Dilemma

What I’m Reading – Constructing Good ODR Systems

ODR is likely to be an increasingly important part of legal and dispute resolution processes in the future, with potential benefits and risks.  It particularly has great potential to help self-represented litigants (SRLs, aka “pro se” parties). So I was interested to read a draft paper by my colleague, Amy Schmitz, and John Zeleznikow, Intelligent … Continue reading What I’m Reading – Constructing Good ODR Systems

What I’m Reading – Worth

Who’d expect Netflix to produce a movie about dispute system design?  Or that it would be really good? Its docudrama, Worth, about the process of designing and implementing the 9/11 Victims’ Compensation Fund, actually is terrific.  (Note that this What-I’m-Reading series isn’t limited to just reading stuff.) It is based on Kenneth Feinberg’s book, What … Continue reading What I’m Reading – Worth

What I’m Reading – Frederik Backman Books

I’m starting this What-I’m-Reading series with two books by Swedish author, Fredrik Backman.  They are his first book, A Man Called Ove (OOH-vah), and his latest book, Anxious People.  Backman has become quite a phenomenon, publishing a series of books, some of which have been made into movies, including Ove. Ove is a grumpy, get-off-my-lawn … Continue reading What I’m Reading – Frederik Backman Books