All posts by John Lande

Conversation with Peter Benner about PEDR, Part 2-ish

Alert readers have noticed that Peter Benner and I have been having a conversation about planned early dispute resolution (PEDR) in the comments to a recent post of mine on the subject. Peter, a mediator and ironman, is a friend with whom I share an interest in encouraging lawyers and parties – especially businesses – … Continue reading Conversation with Peter Benner about PEDR, Part 2-ish

Damn Emotions!

Have you seen “Inside Out” yet? It’s the delightful Pixar movie portraying the conflicting emotions of an 11 year-old girl grappling with the difficulties of a move from Minnesota to San Francisco. Indeed, the emotions are characters themselves:  Anger, Disgust, Fear, Sadness, and Joy. The film’s producers consulted psychologists who wrote a piece in the … Continue reading Damn Emotions!

Failure to Communicate

It’s a damn miracle that people on your planet ever understand each other. My good friend, Charlie Irvine, who mediates and teaches in Glasgow, Scotland, wrote an amusing and/or horrifying blog post about students’ statements in law school exam answers. (Charlie blogs on the Kluwer Mediation Blog, which has some very thoughtful contributors. I saw … Continue reading Failure to Communicate

Coben and Welsh Want Your Favorite Number

Jim Coben, on behalf of himself and Nancy Welsh, is circulating the following request. Dear Colleagues: I write to appeal to the “hive-mind” on behalf of the Dispute Resolution Magazine.  In the upcoming fall issue, we are planning to include a “numbers” teaser box.  More specifically, it’s an opportunity to feature interesting statistics and/or other … Continue reading Coben and Welsh Want Your Favorite Number

Planning is Critically Important for Early Dispute Resolution

This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below.  There are six additional posts in this conversation.   At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution

Fear and Negotiation

I can’t resist commenting on Andrea’s lighthearted post showing a sign at a Starbuck’s with President John F. Kennedy’s famous statement, “Let us never negotiate out of fear.  But let us never fear to negotiate!” This reminds me of President Franklin Delano Roosevelt’s statement, “The only thing we have to fear is fear itself.” I … Continue reading Fear and Negotiation

Why Cooperate?

A short piece in the New York Times by Harvard economists and Yale psychologists has a suggestion that may surprise you – or maybe not – about people’s motivation to cooperate. The authors focus on the “tragedy of the commons” which is the situation “where individuals acting independently and rationally according to each’s self-interest behave … Continue reading Why Cooperate?

Great Value of Students Playing Clients in Multi-Stage Simulations

If you are sick and tired of hearing me sing the praises of multi-stage simulations (MSS) and don’t want to see any data about it, read no further. Some Background Before I start singing, let me provide some background. I started using MSSs when I began teaching negotiation several years ago.  Related to my research … Continue reading Great Value of Students Playing Clients in Multi-Stage Simulations