All posts by John Lande

Are You Preparing a Dispute Resolution Course Next Semester?

If so, take a look at this Model Mediation Course Syllabus With Teaching Notes – even if you are teaching a dispute resolution course other than mediation. The model syllabus includes a menu of topics, readings, and simulations that can be incorporated in many DR courses.  It includes links to short readings for students that … Continue reading Are You Preparing a Dispute Resolution Course Next Semester?

If You Will Teach Mediation (or Other DR Course) Next Year, Read This

At this year’s AALS ADR Section WIP Conference, I presented data showing that more than 90% of law school mediation courses and more than 90% of the coverage in popular mediation texts focus on the mediator’s role.  I asked people what they think the emphasis generally should be in generic mediation courses, and here are … Continue reading If You Will Teach Mediation (or Other DR Course) Next Year, Read This

New Edition of Michael Lang’s Book on Reflective Practice

Pioneering family mediator Michael Lang just released the second edition of his book, The Guide to Reflective Practice in Conflict Resolution.  He provided an account of his development as a mediator as one of the Ten Real Mediation Systems.  He is the co-director of the Reflective Practice Institute International. Michael’s book builds on Donald Schön’s … Continue reading New Edition of Michael Lang’s Book on Reflective Practice

Is 90% Too Much?

10%. That percentage – or less – is the rough proportion of the mediation curriculum devoted to mediation representation in US law schools, including about: 6% of mediation clinic courses 9% of mediation simulation courses 3-9% of the coverage in some mediation textbooks 7% of the coverage in many mediation courses Is it too much … Continue reading Is 90% Too Much?

Theory and Practice of Mediation Representation

As we know, American attorneys regularly represent clients in mediation.  There’s a ton of theory about mediation generally but much less about mediation representation. I just posted an article, Theory and Practice of Mediation Representation, which presents a theoretical analysis based on Real Practice System Theory.  The following graphic provides an overview, which the article … Continue reading Theory and Practice of Mediation Representation

New Mediation Syllabi on DRLE Website

There are many new mediation syllabi on the DRLE website. There now are two pages for these syllabi.  One page is for courses focused on the perspective of neutrals and the other focused on the perspective of representatives in mediation.  Both webpages have separate sections for simulation and clinical courses. The webpages include a lot … Continue reading New Mediation Syllabi on DRLE Website

Shared Values and Principles in Mediation

For a forthcoming article about law school mediation courses, I developed a list of key values and principles that I think people in our field generally share.  They are about the roles of practitioners – including both mediators and attorneys – when working with clients in mediation.  Faculty can advocate them in any mediation course … Continue reading Shared Values and Principles in Mediation

Attorneys, Mediators, and Self-Determination

Posting my short article, The Important Role of Attorneys in Promoting Parties’ Self-Determination in Mediation, on the NYC-DR listserv prompted several reactions. This post highlights and elaborates some points in my article. Why Law School Faculty Should Increase Instruction in Mediation Representation I’m a retired law professor who mediated and taught mediation for years.  The … Continue reading Attorneys, Mediators, and Self-Determination

Journal of Dispute Resolution Writing Competition – September 6 Deadline

From my colleague, Rachel Wechsler: The Journal of Dispute Resolution is seeking articles related to labor and employment dispute resolution for its 2024 Writing Competition. The winners will be published in the Winter 2025 Issue of the Journal of Dispute Resolution. Writers should send submissions to umclawjournal@umsystem.edu with the subject line “2024 Writing Competition.” The … Continue reading Journal of Dispute Resolution Writing Competition – September 6 Deadline

Are You in Favor of Self-Determination in Mediation?

What about Mom and apple pie?  For or against? Most people take for granted that all these things are indisputably good (at least in theory) though we usually don’t think much about why. Not so with Andrew Mamo.  He recently published Unsettling the Self:  Rethinking Self-Determination in Mediation, which deeply analyzes the meaning of self-determination. … Continue reading Are You in Favor of Self-Determination in Mediation?