All posts by John Lande

Party Self-Empowerment from Preparation for Mediation Sessions

1 Comment

In The Critical Importance of Pre-Session Preparation in Mediation, I explained why parties’ preparation for their mediation sessions can produce many significant benefits.  This post suggests that preparation before mediation sessions is an important opportunity for parties to empower themselves. People have used the concept of “empowerment” in mediation in various ways, as I described … Continue reading Party Self-Empowerment from Preparation for Mediation Sessions →

ADR and Labor & Employment Law Resources

From my colleague, Rafael Gely: As you begin to prepare your courses for the next academic year, the National Academy of Arbitrators’ Research and Education Foundation (REF), an organization that provides funding that promotes research, publications, and education that contribute to the field of labor and employment arbitration, wanted to share with you the following … Continue reading ADR and Labor & Employment Law Resources →

Len Riskin Pulls It All Together in Managing Conflict Mindfully

I had the good fortune to be Len Riskin’s colleague from 2000, when I arrived in Missouri, until he moved to the University of Florida in 2007. He now is a Visiting Professor of Law and Distinguished Senior Fellow at the Center on Negotiation, Mediation, and Restorative Justice at Northwestern University Pritzker School of Law … Continue reading Len Riskin Pulls It All Together in Managing Conflict Mindfully →

What We Do Is So Important

My colleague, Ilhyung Lee, pointed me to another graduation speech highlighting the importance of generally listening respectfully to and engaging with people we disagree with.  He sent me a link to a speech by University of Chicago Law Professor Tom Ginsburg, entitled “Conversation and Democracy.”  I had cited Bret Stephen’s speech and Jen Reynolds linked … Continue reading What We Do Is So Important →

Go Forth and Argue

3 Comments

New York Times columnist Bret Stephens was the commencement speaker at the University of Chicago, and he published his speech, Go Forth and Argue. Arguing may seem like the antithesis of negotiation and mediation.  But it’s not – at least not if we sincerely listen to others with differing views, are open to reconsidering our … Continue reading Go Forth and Argue →

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

4 Comments

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

3 Comments

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

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

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 →