All posts by John Lande

Houston, We Have a Problem in the Dispute Resolution Field

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If two rocket scientists don’t correctly understand each other’s jargon, things could blow up real fast.  If laypeople don’t understand the scientists, however, no problem. It’s quite different in the dispute resolution field.  Parties are supposed to actively participate in mediation (and other dispute resolution processes to some extent), and thus they need to understand … Continue reading Houston, We Have a Problem in the Dispute Resolution Field →

Quinnipiac Symposium on November 4:  Is Virtual Justice Just?

The 12th Speziale ADR Symposium, Is Virtual Justice Just?, will be held at Quinnipiac University School of Law on Friday, November 4, 2022, from 8:30 a.m. to 5:00 p.m. This symposium is divided into two sessions, each with its own focus. The morning session, Virtual Trials: What’s the Verdict?, will examine how virtual trials, including virtual juries, have … Continue reading Quinnipiac Symposium on November 4:  Is Virtual Justice Just? →

Searching for Director of Stanford’s Gould Center Program on Negotiation and Mediation

From Stanford Professor Jane Schacter: I am chairing the search committee to replace the retiring Jan Martinez as Director of Stanford’s Gould Center Program on Negotiation and Mediation.  Applicants are strongly encouraged to submit their applications by December 1, 2022, but applications will be considered on a rolling basis until the position is filled. Click here for … Continue reading Searching for Director of Stanford’s Gould Center Program on Negotiation and Mediation →

Slices of Conflict in Life

Question:  Where does conflict come from? Answer: Normal, unconflicted life. Building on Felstiner, Abel, and Sarat’s classic article describing the genesis of disputes, Naming, Blaming, Claiming, this overgrown blog post uses memoirs to analyze how people develop “perceived injurious experiences” (PIEs), some of which become grievances (when they blame others), and some of which become … Continue reading Slices of Conflict in Life →

The Normal New Normal in the US, Circa September 2022

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President Biden caused a little brouhaha when he said that the pandemic is over. I think that he was trying to convey that what I called the “crisis new normal” had given way to a “normal new normal.” Indeed, life is very different than March 2020, when we didn’t know much about the virus.  Remember … Continue reading The Normal New Normal in the US, Circa September 2022 →

Would you like to read a WIP draft?

I will present a draft of my article, Real Mediation Models to Help Parties and Mediators Achieve Their Goals, at the Works-in-Progress conference next month and I am posting it now so that you can read it before then if you like. People can attend the conference in person or by video – and I … Continue reading Would you like to read a WIP draft? →

How Can We Reduce Hyper-Polarization?

Heidi and Guy Burgess have long focused on how society – and our field – can deal with intractable conflicts.  They publish a newsletter, Beyond Intractability, that includes lots of thoughtful articles about this. The latest issue features an article they co-authored with Sanda Kaufman, Applying Conflict Resolution Insights to the Hyper-Polarized, Society-Wide Conflicts Threatening … Continue reading How Can We Reduce Hyper-Polarization? →

Problem Resolution Lawyering Across the 21st Century Law Curriculum

Kris Franklin and Peter Phillips of New York Law School just wrote an excellent article that people who care about teaching dispute resolution in law schools should read:  Pass the Salt: Problem Resolution Lawyering Across the 21st Century Law Curriculum. Here’s the abstract: Attorneys work with clients to resolve problems. Legal education can help prepare … Continue reading Problem Resolution Lawyering Across the 21st Century Law Curriculum →

Inside a High-Profile Plea Bargaining: Part I

The New York Times published a fascinating account of the plea bargaining of Allen Weisselberg, the Trump Organization CFO.  This was unusual because details of plea bargaining processes usually are kept private.  This process included the very active participation of the trial judge, who made suggestions and offered to keep Mr. Weisselberg’s sentence relatively short … Continue reading Inside a High-Profile Plea Bargaining: Part I →