All posts by John Lande

Cardozo Symposium on October 23 on Presumptive ADR and Court Systems of the Future

From EFOI Lela Love: Dear Friends, Following this year’s adoption by the NY Courts of Presumptive ADR, the Cardozo Journal of Conflict Resolution is holding its Jed D. Melnick Symposium on Presumptive ADR and Court Systems of the Future on Friday, October 23. Register via Eventbrite.  CLE credits will be available.  The virtual event will be held … Continue reading Cardozo Symposium on October 23 on Presumptive ADR and Court Systems of the Future →

Mediation Week is Coming: October 18-24

From the ABA Section of Dispute Resolution: It’s time to save the date for Mediation Week! October 18-24 is full of great content! In addition to TED style talks that you can access on your own time, each day you can attend live webinars hosted by cutting edge mediation experts addressing important, informative issues impacting … Continue reading Mediation Week is Coming: October 18-24 →

ISO Mediation Trainers

The NYS Unified Court System’s  Statewide Office of Alternative Dispute Resolution is looking for mediation trainers to train prospective court-roster mediators.  Click here for more information.  Click on the title of this post to see the announcement.

Transactional Interest and Risk Assessment

By definition, the LIRA book, which provides a framework for litigation interest and risk assessment, focuses on litigation. This post describes how it can be adapted for transactional negotiation – transaction interest and risk assessment, or TIRA. Three Elements The LIRA framework consists of assessment of three elements:  expected court outcome, future tangible costs of … Continue reading Transactional Interest and Risk Assessment →

Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation

Jeff Trueman, an experienced Maryland mediator, wrote an excellent article about the challenges of lawyers, mediators, and insurance claims professionals in mediation. He interviewed subjects about their problems in mediation, and his study provided evidence of professionals behaving badly, very consistent with my post about BATNAs and the emotional pains of “positional negotiation.”  He specifically … Continue reading Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation →

Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options

Donna Shestowsky recently gave a presentation to the CPR Mediation Committee about litigants’ knowledge of courts’ ADR options in their cases.  She presented her research showing that litigants seem to be unaware of ADR options, and that knowing about some of these options – specifically, mediation – improves litigants’ opinions of the court itself.  Shockingly, … Continue reading Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options →

They Should Call It Negotiation School, Not Law School

As part of my LIRA book tour, I gave talks entitled,“They Should Call It Negotiation School, Not Law School” for Becky Jacobs’s (Tennessee) ADR class and the UC-Davis’s King Hall Negotiation Teams student organization (thanks to Donna Shestowsky’s suggestion). The presentation points out that the vast majority of cases are negotiated, not litigated and certainly … Continue reading They Should Call It Negotiation School, Not Law School →

Next Series of New York Law School Wednesday Conversations

From FPOI Peter Philips: We are pleased to announce the third series of this popular event. Every other Wednesday, New York Law School hosts informal discussions with leaders in the fields of conflict avoidance, management, and resolution. All sessions are free and will be held via Zoom. Please note the varying times of each program. … Continue reading Next Series of New York Law School Wednesday Conversations →