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Full-Text Articles in Law
Celebrating Mundane Conflict, Deborah J. Cantrell
Celebrating Mundane Conflict, Deborah J. Cantrell
Pepperdine Dispute Resolution Law Journal
This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals …
The Case For Forgiveness In Legal Disputes, Eileen Barker
The Case For Forgiveness In Legal Disputes, Eileen Barker
Pepperdine Dispute Resolution Law Journal
The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.
Getting To The Heart Of The Matter - Taking Risks That Honor Yourself And Your Work, Linda E. Meyer
Getting To The Heart Of The Matter - Taking Risks That Honor Yourself And Your Work, Linda E. Meyer
Pepperdine Dispute Resolution Law Journal
I am here to talk to you about what got you into this profession in the first place. And that was a feeling. A feeling that is very hard to articulate, except maybe to yourself. It was a sense that there was something here for you that was new, that was different, that was amazing, and that you could actually be part of a process where things happened and changed. You could be respected. You could be honored. You could feel that you had actually done something that made a difference. I want to tell you that is why I …
A "Lawyer For All Seasons": The Lawyer As Conflict Manager, Michael T. Colatrella Jr.
A "Lawyer For All Seasons": The Lawyer As Conflict Manager, Michael T. Colatrella Jr.
San Diego Law Review
This interdisciplinary Article explores why interpersonal conflict management principles and skills are essential to good lawyering and, thus, why law schools should teach these principles and skills to all their students. In demonstrating the immense practical value an understanding of interpersonal conflict management principles and skills have in the practice of law, this Article examines case studies involving organizations that have dramatically reduced legal costs, among other benefits, by abandoning a solely legalistic approach to conflict and embracing conflict management principles. The lessons learned from these studies and the interpersonal conflict management principles that underlie them support the idea that …
Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane
Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane
Journal of Dispute Resolution
In this paper, I shall first briefly examine some of the most significant changes affecting legal practice, especially civil litigation, and ask what adjustments in the professional identity and role of the lawyer these imply or perhaps even require from lawyers. I shall also consider what evidence we have for the evolution of the "new lawyer." I shall then approach these questions from a practice-based perspective, looking specifically at client advocacy, legal negotiation, and the lawyer-client relationship.
Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh
Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh
Journal of Dispute Resolution
This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …
Law Office As Indicator And Amplifier Of Professional Status, The, Fred I. Williams
Law Office As Indicator And Amplifier Of Professional Status, The, Fred I. Williams
Journal of Dispute Resolution
The following pages contain a detailed discussion of law office design as an indicator, even amplifier, of professional status and lawyer-client relations. Section II examines the effect that office design can play in defining the lawyer's relationship with clients and other visitors to the office. Section Il discusses the power of office design in properly marking the lawyer's office as a professional domain. Finally, Section IV concludes that office decor is an effective communicator of professional status and can be an effective tool for the lawyer in forming the professional persona.