All posts by John Lande

Teaching Students to Focus on Party Decision-Making

I was thrilled that my recent post, Focus on Party Decision-Making, prompted a stimulating conversation on the DRLE listserv, including thoughtful comments by Mary Bedikian, Doug Frenkel, Dwight Golann, Deborah Hensler, Charlie Irvine, Andrew Mamo, Cash Nickerson, Peter Philips, Jim Stark, Jean Sternlight, Nancy Welsh, and Roselle Wissler. This post discusses some issues in the … Continue reading Teaching Students to Focus on Party Decision-Making →

Blankley: A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters

1 Comment

Professor Kristen Blankley (Nebraska) recently published A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters. This article considers the state of federal court jurisdiction to hear arbitration matters in the wake of the 2022 decision of Badgerow v. Waters.  Here’s the abstract: The Supreme Court’s 2022 Badgerow v. Waters decision attempts to … Continue reading Blankley: A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters →

Focus on Party Decision-Making

3 Comments

A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes.  Attorneys often acted paternalistically, taking control over virtually every aspect of the cases.  The legal system … Continue reading Focus on Party Decision-Making →

A Study on Dispute Resolution Culture in Belgium: An Invitation to Share Your View on Key Results

From Dilyara Nigmatullina: Introduction In September 2022, a team of researchers from the Faculty of Law of the University of Antwerp (Law Enforcement Research Group) and Conflicool (a not-for-profit organisation dedicated to the amicable resolution of disputes) conducted a large-scale empirical study on dispute resolution culture in Belgium.  The study was undertaken via a survey … Continue reading A Study on Dispute Resolution Culture in Belgium: An Invitation to Share Your View on Key Results →

Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System

Charlie Irvine is the Course Leader on the University of Strathclyde’s (Scotland) MSc/LLM in Mediation and Conflict Resolution and the Director of the Strathclyde Mediation Clinic.  The Clinic provides a free mediation service in which experienced practitioners work alongside trainee mediators to help people resolve disputes without going to court or tribunal. The following is … Continue reading Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System →

How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?

If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it.  But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions? →

Teaching Students How Practitioners Really Think and Act

How cool would it be for your students to interview lawyers, mediators, arbitrators, or other practitioners about how they really think and act in their work? Practitioners generally develop their own categories of routine and challenging situations in their work, and they develop regular practices and strategies for dealing with them.  In mediation, this involves … Continue reading Teaching Students How Practitioners Really Think and Act →

WIP Conference Deadline is Extended Until August 4

This year’s AALS ADR Section Works-in-Progress Conference will be held on Friday and Saturday, October 13 and 14 at Quinnipiac and Yale. The deadline for submitting proposals has been extended until Friday, August 4, at midnight Eastern Time. The conference will have a hybrid format, with some presentations in person and some by video. The … Continue reading WIP Conference Deadline is Extended Until August 4 →

Elayne Greenberg: “High Anxiety: Racism, the Law, and Legal Education”

Elayne Greenberg published an article in the Washington & Lee Journal of Civil Rights and Social Justice that is very timely:  High Anxiety: Racism, the Law, and Legal Education.  Here’s the abstract: Conspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors … Continue reading Elayne Greenberg: “High Anxiety: Racism, the Law, and Legal Education” →