All posts by John Lande

BATNAs and the Emotional Pains from “Positional Negotiation”

If you have problems with BATNA theory (best alternative to negotiated agreement), you aren’t the only one.  Some people have privately shared their concerns with me, and I suspect that there are a lot of others who are “in the closet” and don’t express their concerns publicly because BATNAs are so widely taken for granted … Continue reading BATNAs and the Emotional Pains from “Positional Negotiation”

Jurist Articles

Colleagues recently wrote two timely articles for Jurist, which is soliciting additional pieces. TFOI Ben Davis wrote The Business of Reopening Colleges and Universities in a Pandemic. GFOI Cheryl L. Wade and Elayne E. Greenberg wrote July 4, 2020: How Will We Celebrate? Ben reported that Jurist publisher Bernard Hibbits invites additional articles.  If you … Continue reading Jurist Articles

Clinical Fellow opening at the Harvard Negotiation & Mediation Clinical Program

From Sara del Nido Budish: The Harvard Negotiation & Mediation Clinical Program is seeking applications for a Clinical Fellow.  This role is a term position through June 30, 2022, open to those who earned their J.D. within the last 3 years.  The fellow:   Will provide regular oversight, supervision, and coaching to students involved in … Continue reading Clinical Fellow opening at the Harvard Negotiation & Mediation Clinical Program

Dispute System Design Discussion on July 29

The National Center for Technology and Dispute Resolution  hosted a panel discussion and book launch on Wednesday, July 29. The program is entitled “Dispute System Design for the 21st Century.” The book is Dispute Systems Design: Preventing, Managing and Resolving Conflict by Lisa Blomgren Amsler, Janet K. Martinez, and Stephanie E. Smith, published by Stanford … Continue reading Dispute System Design Discussion on July 29

How Many People Will Preventably Die or Get Ill if Universities Hold Classes in Person? – Part 1

This fall, American universities will face their modern rendezvous with destiny as they make momentous decisions whether to protect large communities from death and disease.  Most universities plan to conduct in-person classes and are likely to become semester-long virus incubators if they stick to those plans. The situation would be very different if all government … Continue reading How Many People Will Preventably Die or Get Ill if Universities Hold Classes in Person? – Part 1

BATNA’s Got to Go — and Here’s a Better Idea

In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon.  That day has arrived. What’s Wrong with BATNA and All the Other ATNAs? My mania was stimulated by an exchange of listserv posts about the use of BATNA … Continue reading BATNA’s Got to Go — and Here’s a Better Idea

Kristen Blankley: New Opportunities for Pro Bono in a Pandemic

From TFOI Kristen Blankley: COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others. We all have substantive and process expertise in different areas, which means that we should have a great ability to fulfill our aspirational (or, … Continue reading Kristen Blankley: New Opportunities for Pro Bono in a Pandemic

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”