All posts by John Lande

Mediate.com Publishes “Seven Keys to Unlock Mediation’s Golden Age”

Recently, mediate.com initiated publication of a series of pieces entitled Seven Keys to Unlock Mediation’s Golden Age.  Here’s the introduction. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession, Technology, Government and Usage.  Each key has between two … Continue reading Mediate.com Publishes “Seven Keys to Unlock Mediation’s Golden Age” →

Resources for Teaching About BATNA, Bottom Lines, and LIRA

If you teach students that it’s important to analyze their BATNAs, consider including material in your course on litigation interest and risk assessment, aka LIRA. Virtually every negotiation, mediation, and ADR survey course teaches students that they should figure out their BATNA when negotiating or mediating. That is sooooo much easier said than done, as … Continue reading Resources for Teaching About BATNA, Bottom Lines, and LIRA →

Upcoming Events by the ABA Section of Dispute Resolution

Linda Seely, the director of the ABA Section of Dispute Resolution, announced the following programs, which are free for Section members: June 10 at 1pm ET – Leveraging ADR to Strengthen Your Client’s Enterprise. This session prepares lawyers to help their clients leverage ADR in workplace litigation to repair the employer/employee relationship, clearing a path … Continue reading Upcoming Events by the ABA Section of Dispute Resolution →

If You’re Not Part of the Solution . . .

Just shy of a year ago, many of us gathered at Pepperdine to appreciate the legacy of our movement and engage the future. How time flies. Since then, our world has been overtaken by a pandemic that is fundamentally altering all of our lives as well as an outpouring of rage about the history of … Continue reading If You’re Not Part of the Solution . . . →

Decision-Making as an Essential Element of Our Field

Several contributors to the Theory-of-Change book suggested that we should reconceptualize our field, shifting away from defining it in terms of particular dispute resolution procedures such as negotiation, mediation, and arbitration. I think that this idea makes sense, and this post suggests that we should include a decision-making lens that may be part of a … Continue reading Decision-Making as an Essential Element of Our Field →

Continuing Professional Education in the New Normal

This post speculates about the future of continuing education programs (CEP) after a brief review of past CEPs.  This is part of a series analyzing what the potential new normal as the current crisis recedes.  The first post includes links to the others in the series. The Old Normal of Continuing Professional Education In the … Continue reading Continuing Professional Education in the New Normal →