All posts by John Lande

Understanding Actual DR Practice and Communicating Clearly About It

At the upcoming Past-and-Future Conference at Pepperdine, much of the discussion will be about engaging the real world of dispute resolution.  This post recommends that to help do this, we develop a common language of dispute resolution and increasingly use qualitative research methods. We Should Set a Top Priority to Develop Clearer Common Language of … Continue reading Understanding Actual DR Practice and Communicating Clearly About It →

Pepperdine Program Discussing Scholarship About Actual Practice

At the Past-and-Future Conference, I will be on a panel with Doug Frenkel, Michaela Keet, and Donna Stienstra entitled, “Research and Scholarship with a Real-World Focus Studying What Practitioners Actually Do.”  We will not only discuss research about private neutrals, but also lawyers, judges, and disputants. Most of the session will be a conversation in … Continue reading Pepperdine Program Discussing Scholarship About Actual Practice →

Helping People Make Hard Decisions – And Making Them Ourselves

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You are going to die.  Before then, you may endure extended periods of suffering from illnesses and injuries (especially from falling down), grisly side effects from medical treatments, chronic physical and mental deterioration, disconnection from your earlier life, loss of control, family conflict, and entanglement with the medical and insurance industries. Some of that misery … Continue reading Helping People Make Hard Decisions – And Making Them Ourselves →

Litigation Interest and Risk Assessment

Recently, Rishi Batra, Heather Heavin, Michaela Keet, and I presented a program on negotiation theory at the Southeast Conference on Conflict Management at Lipscomb University. We focused primarily on litigation interest and risk assessment (LIRA).  This is the subject of a forthcoming ABA book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation … Continue reading Litigation Interest and Risk Assessment →

Job Announcements for Two Dispute Resolution Positions

Lara Fowler (Penn State) sent the following announcement: The Environmental Dispute Resolution (EDR) Program is hiring a Mediator who will be responsible for supporting existing program activities and developing new projects. We seek someone with significant experience in conflict resolution and consensus building, as well as expertise in training and capacity building.  Ideally, the new … Continue reading Job Announcements for Two Dispute Resolution Positions →

Planning for Good Quality Decision-Making in Mediation Using Two-Stage Mediation

Canadian mediator Rick Weiler wrote a blog post raising concerns about whether predominant model of commercial mediation using a single three- or six-hour session promotes good decision-making by litigants.  He wrote: The current commercial mediation model handed down over the past 30 years is working just fine for lawyers and mediators (not to mention the … Continue reading Planning for Good Quality Decision-Making in Mediation Using Two-Stage Mediation →