All posts by John Lande

Behind the Scenes at the Iranian Nuclear Negotiation

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I am fascinated to learn behind-the-scenes stories of high-profile negotiations, like the negotiation over Iranian nuclear capabilities, which the New York Times just described. Interesting tidbit:  the negotiators used an erasable whiteboard so that the Iranians didn’t have a document they could send back to their superiors in Tehran. Another unusual arrangement:   “[T]he Iranians did … Continue reading Behind the Scenes at the Iranian Nuclear Negotiation →

Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth?

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You are cordially invited to this program at the ABA conference in Seattle, which will take place on Friday, April 17, from 3-4:15, in the Orcas Room. My partners in crime for this caper are Alyson Carrel, Jim Coben, and Noam Ebner. Here’s the idea for our program – How many times have you heard … Continue reading Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth? →

Illusions of Competence

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BARBRI’s “State of the Legal Field Survey” reports that “71 percent of 3L law students believe they possess sufficient practice skills.  In contrast, only 23 percent of practicing attorneys who work at companies that hire recent law school graduates believe recent law school graduates possess sufficient practice skills.” This finding is puzzling and astounding. It … Continue reading Illusions of Competence →

Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri

The Center for the Study of Dispute Resolution at the University of Missouri School of Law announced the winners of a law student writing competition held in conjunction with the Missouri Law Review symposium entitled “Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson.” Professor S.I. Strong organized the competition, which asked … Continue reading Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri →

Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes

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Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts.  She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States.  A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes →

Litigation as Violence

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I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence →

How Can You Get a Piece of the Action?

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In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action? →

Conflict Resolution Quarterly Call for Papers

Here’s a call for papers from Susan Raines (Kennesaw State), the editor-in-chief of the Conflict Resolution Quarterly (CRQ). CRQ focuses on the role of the neutral in conflict resolution, the processes of conflict resolution, and the causes/cures of conflict at every level from the interpersonal to the international. Our journal prides itself on the importance … Continue reading Conflict Resolution Quarterly Call for Papers →