All posts by John Lande

Nebraska Adopts Standards of Practice for Restorative Justice Facilitators

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From BFOI Kristen Blankley: The State of Nebraska adopted Standards of Practice for Restorative Justice Facilitators (“Nebraska RJ Standards”), which can be found here. Kristen Blankley (University of Nebraska) chaired the committee responsible for drafting the standards, and committee involved stakeholders from across the state, including Dan Bechtol (Executive Director, Concord Mediation Center), Monica Miles-Steffens … Continue reading Nebraska Adopts Standards of Practice for Restorative Justice Facilitators →

Kluwer Mediation Blog Post on the Evolution of Mediation

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I just became a guest writer for the Kluwer Mediation Blog, which features academics and practitioners from around the world.  I want to cross-pollinate Indisputably and KMB by encouraging subscribers of each blog to subscribe to the other.  I hope to stimulate conversations between our communities. My first KMB post is The Evolution To Planned … Continue reading Kluwer Mediation Blog Post on the Evolution of Mediation →

What’s a Bottom Line?

Everyone knows that a bottom line in a lawsuit is an immutable “line in the sand” that is accurately reported to mediators and counterparts as the least that a plaintiff would accept or most that a defendant would pay. Not really.  During the life cycle of a case, lawyers start with vague and tentative bottom … Continue reading What’s a Bottom Line? →

Ava Abramowitz Article on Data Collection as Element in Strategy to Promote Good Police Performance

This week, there was another shooting of an unarmed Black man by police, this time in Kenosha, Wisconsin. So it’s very timely to read an article co-authored by MFOI Ava Abramowitz an article in Lawfare, Measurement Matters: The Key to Police Reform.  The authors take a dispute system design approach to analyzing the problems, focusing … Continue reading Ava Abramowitz Article on Data Collection as Element in Strategy to Promote Good Police Performance →

BATNA May Be Less Important Than You Think – and Teach

Everyone loves BATNA.  It has more than 16 million hits on Google. I have loved BATNA too.  Of course, people should consider alternatives to a negotiated agreement when negotiating or mediating. Unfortunately, people have loved BATNA so much that it has become a cliché that is widely misunderstood, even by some dispute resolution experts. When … Continue reading BATNA May Be Less Important Than You Think – and Teach →

LIRA Book Tour

My career has focused on helping disputants by analyzing and promoting helpful lawyering and other dispute resolution techniques.  The ABA book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions, is the culmination of my scholarly career, combining Michaela’s and Heather’s excellent research on litigation risk assessment and my work on planned … Continue reading LIRA Book Tour →

Dispute Resolution Video and Podcast Online Library

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One of the “benefits” of this horrible coronavirus crisis is that it makes it easier to provide professional education by video.  Virtually all of us have become proficient in using video and so it is easy to produce programs that many people will want to see.  As a result, we can much more efficiently produce, … Continue reading Dispute Resolution Video and Podcast Online Library →

Wanted: Master Negotiator

We’re in a serious jam.  Washington Post columnist Paul Waldman writes that the legislative stalemate over coronavirus disaster relief deals with a complex and thorny negotiation problem.   Enhanced unemployment benefits have now expired, leaving over 30 million Americans who have lost their jobs in a precarious economic position.  The program providing loans to small businesses … Continue reading Wanted: Master Negotiator →

ABA Dispute Resolution Tech Expo – Sept. 14-18

From the ABA Section of Dispute Resolution: The Section will sponsor the ABA Dispute Resolution Tech Expo on September 14-18. Working virtually is our new normal, but now what?  Besides Zoom, what other tools are out there to make working online easier?  Look no further than the ABA Dispute Resolution Tech Expo.  Tailored to the … Continue reading ABA Dispute Resolution Tech Expo – Sept. 14-18 →