All posts by John Lande

Why Don’t People Complain? Implications for Defense Counsel. And Some Practical Ethics Hypos for Students.

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The presidential election campaign this year has provided several teachable moments for law students and lawyers and this post focuses on one of them. Unless you have been hibernating for the past few weeks, you know that a number of women have accused Republican candidate Donald J. Trump of sexual misconduct.  Mr. Trump and his … Continue reading Why Don’t People Complain? Implications for Defense Counsel. And Some Practical Ethics Hypos for Students. →

Some Highlights of the Tower of Babel Symposium

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As you may have heard, we held the Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding symposium at the University of Missouri on October 7. We had a lively discussion about what the heck is negotiation, how to know what really happens in negotiation, the role of context in … Continue reading Some Highlights of the Tower of Babel Symposium →

Lessons in the Delicate Art of Confronting Offensive Speech

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A New York Times article with that headline observes that we are “in a political season when ethnic, racist and sexual slurs, not to mention general insults, seem to have become part of everyday chatter.” Dealing with offensive comments can be hard for people generally and there are particular challenges for dispute resolution professionals. The … Continue reading Lessons in the Delicate Art of Confronting Offensive Speech →

Global Pound Conference, Papal Encyclical on the Environment, and Cyberweek

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We have such an incredible group of people in our community doing wonderful work in so many different areas. Forty years ago, at the 1976 Pound Conference, Frank Sander proposed the multi-door courthouse.  Before then, mediation and arbitration had been widely used in the labor context for decades but there wasn’t much else going on … Continue reading Global Pound Conference, Papal Encyclical on the Environment, and Cyberweek →

Virtual Symposium: “Move It! Lateral Hires in International Arbitration”

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From my colleague, S.I. Strong: Young OGEMID (a listserve for junior specialists in international arbitration) is holding its fourth “virtual” symposium, this time on lateral moves/hires in international arbitration.   Virtual symposia are conducted entirely by email, so people can follow the discussion as closely as they want (or not).   This format is also very interactive, since listserve members can pose questions directly to the speakers. … Continue reading Virtual Symposium: “Move It! Lateral Hires in International Arbitration” →

Last Call for the Tower of Babel Symposium

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Here’s one last reminder about the University of Missouri’s symposium, Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding, which will take place this Friday, October 7, from 9 am to noon Central Time. Click here if you want to watch it live-streamed or if you want to watch videos … Continue reading Last Call for the Tower of Babel Symposium →

How to Reach “Level Two Maturity” in Handling Civil Disputes

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In June, John Kiernan gave a talk in which he argued that the ADR field has reached a first level of maturity but “ADR remains far short of its full, what might be called ‘level two maturity.’”  He gave the talk at a luncheon of Association for Conflict Resolution of Greater New York, where he … Continue reading How to Reach “Level Two Maturity” in Handling Civil Disputes →

Lainey Feingold’s Book on Structured Negotiation

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I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below. Before I get to her description, I want to say a few words about why I think her book is particularly important.  I have been writing about early dispute resolution, especially planned … Continue reading Lainey Feingold’s Book on Structured Negotiation →

Fordham’s 11th Annual Conference on International Arbitration and Mediation

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Here’s an announcement from MFOI Jackie Nolan-Haley: Fordham’s 11th Annual Conference on International Arbitration and Mediation:  New Developments, New Challenges, and New Ideas in International Dispute Resolution Friday, 14 October 2016 Join us for an engaging day with global leaders in the arbitration community. Keynote Address: Gerald Aksen Topics: The Arbitrator’s Role in Settlement Emergency … Continue reading Fordham’s 11th Annual Conference on International Arbitration and Mediation →