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Full-Text Articles in Law
How Can Practitioners Help Clients Assess Their Interests And Risks In Litigation?, John Lande
How Can Practitioners Help Clients Assess Their Interests And Risks In Litigation?, John Lande
Faculty Blogs
This post summarizes the discussion at a Quinnipiac-Yale Dispute Resolution Workshop. It highlights some practical ideas that the audience suggested about clients’ interests, timing of discovery and mediation, possible trial outcomes, legal fees, consequences of litigation, and decision fatigue in “marathon mediations.”
Reality-Testing Questions For Real Life And Simulations – And Ideas For Stone Soup Assignments, John Lande
Reality-Testing Questions For Real Life And Simulations – And Ideas For Stone Soup Assignments, John Lande
Faculty Blogs
Although litigants and their lawyers may generally recognize that litigants will incur some intangible costs, they often do not consider the numerous intangible ways that litigants can be harmed and do not carefully assess these costs when making litigation decisions. Sometimes litigants’ intangible costs are much more important to them than the tangible costs. This post provides detailed descriptions of some of these costs, and includes questions that lawyers and mediators should ask clients to identify and value intangible costs.
What Do Litigants Really Want?, John M. Lande
What Do Litigants Really Want?, John M. Lande
Faculty Blogs
This post discusses Donna Shestowsky’s article, Inside the Mind of the Client: An Analysis of Litigants’ Decision Criteria for Choosing Procedures. Her study found that the decision-making factor that subjects most often cited was their lawyers’ advice. Donna argues, “Given the extent to which litigants are predisposed to following their lawyers’ advice about which procedures to use, lawyers should attempt to understand their clients’ interests, values, and objectives before sharing their personal evaluations of procedures to avoid imposing their own views.”
Keet And Heavin On Why Litigation Interest And Risk Assessment Is So Darn Important For Lawyers And Mediators – And How You Can Make Stone Soup With It, John Lande
Faculty Blogs
This post provides links to law review articles by Michaela Keet and Heather Heavin that provide the foundation for the LIRA book.
The New Handshake: Using Odr To Create Value For Consumers And Businesses, John Lande
The New Handshake: Using Odr To Create Value For Consumers And Businesses, John Lande
Faculty Blogs
This post discusses issues related to the ABA book, The New Handshake: Online Dispute Resolution and the Future of Consumer Protection, by Amy Schmitz and Colin Rule. The book is designed to help build consumer protection that will benefit both consumers and merchants. It explains problems with the status quo, suggesting how ODR can improve handling of consumer problems and identifying challenges in implementing ODR systems.
Confusing Dispute Resolution Jargon, John M. Lande
Confusing Dispute Resolution Jargon, John M. Lande
Faculty Blogs
Decision trees enable people to assign probabilities to various contingencies and produce expected values for uncertain events.