All posts by John Lande

For Pragmatic Romanticism About ADR, Understanding Why the “Haves” Come Out Ahead

“Mediators equalize the power between the parties.”  Have you heard that claim? I used to hear it with some frequency, though (fortunately) not much lately. Considering this idea even for a nano-second, obviously it is wildly optimistically untrue as a generalization – and it doesn’t even make sense in individual cases. Some of the discussion … Continue reading For Pragmatic Romanticism About ADR, Understanding Why the “Haves” Come Out Ahead →

Readings and Resources for Teaching

Now as an annual tradition, here’s a reminder of some of my favorite things you might require or recommend that students read as you gear up for the new year. My short “Letter to Kelly” provides advice for new 1Ls.  If you teach a 1L course, you might assign it even though it doesn’t focus … Continue reading Readings and Resources for Teaching →

Reflections from the Past-and-Future Conference

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This post includes a variety of reflections from the Appreciating our Legacy and Engaging the Future conference in June.  The conference was co-sponsored by the Straus Institute for Dispute Resolution, ABA Section of Dispute Resolution, and the Aggie Dispute Resolution Program, Texas A&M University School of Law in cooperation with a ton of law school … Continue reading Reflections from the Past-and-Future Conference →

Studying What DR Practitioners Actually Do

At the Past-and-Future Conference last month, I was on a program with Doug Frenkel, Michaela Keet, and Donna Stienstra entitled, “Research and Scholarship with a Real-World Focus:  Studying What Practitioners Actually Do.”  This program followed one on research terminology and methodology, described in this post. This program was in a conversational format, framed around several … Continue reading Studying What DR Practitioners Actually Do →

Another Year’s Wonderful Resource Share

From TGFOI Sharon Press and Bobbi McAdoo:       Dear Colleagues, It is with great pleasure that Bobbi and I (finally) post the 2019 Legal Resources Share.  The document has gotten so large and chock-filled with great ideas that we added this year, we split it into 2 documents: one containing the ideas and … Continue reading Another Year’s Wonderful Resource Share →

The ABA DR Section is now accepting program proposals for New Orleans

From Melissa Buckley at the ABA Section of Dispute Resolution: The ABA Section of Dispute Resolution is now accepting proposals for programs for the 2020 Spring Conference in New Orleans on April 22-25, 2020. Program proposals must be submitted by Monday, September 2nd at 5 pm ET. The 2020 conference will be an excellent opportunity … Continue reading The ABA DR Section is now accepting program proposals for New Orleans →

Appreciating Legacy / Engaging Future Program on Methodologies and Terminology for Research with a Real-World Focus

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There was an excellent program on methodologies and terminology for research with a real-world focus at June’s past-and-future conference co-sponsored by Pepperdine’s Straus Institute, the ABA Section of Dispute Resolution, and Texas A&M Law’s Aggie Dispute Resolution Program.  It featured an all-star cast of Howard Herman, Russell Korobkin, Donna Shestowsky, and Roselle Wissler, with moderation … Continue reading Appreciating Legacy / Engaging Future Program on Methodologies and Terminology for Research with a Real-World Focus →

Debra Berman’s Fantastic Offer to Host an Inter-School Negotiation Exercise

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FFOI Debra Berman offers to organize a fabulous practical DR Skills exercise that goes beyond the classroom and normal competitions.  She writes: In recent times of declining class sizes, shrinking budgets, and extra focus on the bar exam, practical ADR skills training may not receive the attention it deserves.  Students may leave law school without … Continue reading Debra Berman’s Fantastic Offer to Host an Inter-School Negotiation Exercise →

We Have to Love More, Hate Less. We Got to Listen More and Talk Less.

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These are words of Megan Rapinoe, star of the US Women’s Soccer team, which just won the World Cup. She continued, “We got to know that this is everybody’s responsibility. Every single person here, every single person who’s not here, every single person who doesn’t want to be here. Every single person who agrees and … Continue reading We Have to Love More, Hate Less. We Got to Listen More and Talk Less. →