All posts by John Lande

Stone Soup: Do the Best Trainings, Continuing Education Programs, and Conference Sessions You Can

February 7, 2018 John Lande

Don’t you hate it when presenters just talk at you for a whole program? Adult learners generally do. That’s why everyone suggests using interactive formats in which the audience regularly participates and doesn’t have just five minutes at the end to ask questions. I’m sure that most readers of this blog who give presentations are … Continue reading Stone Soup: Do the Best Trainings, Continuing Education Programs, and Conference Sessions You Can →

Stone Soup: Texas Bar Program for Lawyers and Mediators on Planned Early Negotiation

February 4, 2018 John Lande 2 Comments

This post describes CLE presentations I gave for the Texas Bar. It provides material for participants at the program and is another illustration of how people can use the Stone Soup Project idea of using continuing education programs to produce and share knowledge about actual practice. I previously tested this approach in two days of … Continue reading Stone Soup: Texas Bar Program for Lawyers and Mediators on Planned Early Negotiation →

Three Easy Pieces

January 24, 2018 John Lande

This post channels 60% of Jack Nicholson but without the chicken salad sandwich. It describes three short pieces that you might want to use in courses or continuing education programs. Overcoming Roadblocks to Settlement The first is an article entitled Overcoming Roadblocks to Reaching Settlement in Family Law Cases published in Family Advocate, the magazine … Continue reading Three Easy Pieces →

George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?

January 22, 2018 John Lande

From George J. Seidel, Williamson Family Professor of Business Administration and Thurnau Professor of Business Law at the University of Michigan’s Ross School of Business: Many thanks to John Lande, Hiro Aragaki, and Sanda Kaufman for their recent posts that have clarified the meaning of “BATNA.” BATNA is an important concept because it is often a … Continue reading George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power? →

Friends

January 18, 2018 John Lande

I sometimes get inquiries about acronyms FOI (friend of Indisputably), FOB (friend of the blog), and especially the coveted designation __FOI (___ friend of Indisputably), such as AFOI, BFOI etc. People want to know what the initial letters stand for. The answer is whatever you want them to stand for. For example, I identified Tim … Continue reading Friends →

Tim Hedeen: Good and Easy Class Exercise

January 18, 2018 John Lande

OFOI Tim Hedeen described the following class exercise about the nature of negotiation, which can easily be adapted in many ways. (If you want to give students even more of a run for their money, you might assign students to read the short piece on the definition of negotiation that Andrea Schneider, Noam Ebner, David … Continue reading Tim Hedeen: Good and Easy Class Exercise →

An Example of The Power of Apology and Forgiveness

January 16, 2018 John Lande

Our field aspires to promote restorative justice and healing when one person has wronged another. This can truly happen only when the person committing the wrong takes responsibility, typically reflected in an acknowledgment of having done the wrong and an apology. Forgiveness can help people restore themselves as morally acceptable members of society as seen … Continue reading An Example of The Power of Apology and Forgiveness →

For Pragmatic Romanticism

January 7, 2018 John Lande 1 Comment

I had the good fortune to be one of Marc Galanter’s students when I was in graduate school. As one of his former students, I was invited to contribute to a symposium honoring his work and I wrote this appreciation of his scholarship. I suspect that many of us in the dispute resolution community aren’t … Continue reading For Pragmatic Romanticism →

Confusing Dispute Resolution Jargon

January 4, 2018 John Lande

In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation. With the patient tutelage of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of … Continue reading Confusing Dispute Resolution Jargon →

Hiro Aragaki: Things We Know and Think We Know About BATNA and WATNA

January 4, 2018 John Lande 1 Comment

From Hiro Aragaki: First off, thanks to John Lande for pursuing this issue and calling attention to the real imprecision that sometimes attends our use of the term “BATNA.” If anything, I have learned through my off-line exchange with him and Sanda Kaufman that there is more confusion out there among scholars and practitioners than … Continue reading Hiro Aragaki: Things We Know and Think We Know About BATNA and WATNA →