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Full-Text Articles in Law
Lainey Feingold’S Book On Structured Negotiation, John Lande
Lainey Feingold’S Book On Structured Negotiation, John Lande
Faculty Blogs
This post discusses Lainey Feingold’s book, Structured Negotiation – A Winning Alternative to Lawsuits. Lainey is a disability rights lawyer who uses a process for successfully negotiating cases without filing lawsuits. The book is a nuts-and-bolts guide for using her process.
Bad Decisions To Go To Trial, John Lande
Bad Decisions To Go To Trial, John Lande
Faculty Blogs
This post describes an extreme example of a very common pattern of over-confident litigation risk assessments. Target Corporation was hit with a $4.6 million verdict after rejecting a $12,000 demand on behalf of a child who was stuck with a hypodermic needle in a Target parking lot. Target had offered only $750.
Big New Study On Necessary Lawyering Skills, John Lande
Big New Study On Necessary Lawyering Skills, John Lande
Faculty Blogs
This post summarizes the “Foundations of Practice” survey of lawyers which identifies “foundations” that lawyers need soon after graduation. These include communication, emotional and interpersonal intelligence, passion, ambition, professionalism, and other qualities and talents. Almost all of the items on the list refer to personal qualities that law schools don’t emphasize in their curricula. By contrast, law schools focus on things that only small proportions of the lawyers think are necessary soon after graduation.
Negotiation Symposium Virtual Book Club, John M. Lande
Negotiation Symposium Virtual Book Club, John M. Lande
Faculty Blogs
As part of the Tower of Babel Symposium, speakers suggested publications providing useful insights about negotiation. The author conducted conversations with the speakers, which are collected in this post.
The English Inheritance—What The First American Colonists Knew Of Mediation And Arbitration, Derek Roebuck
The English Inheritance—What The First American Colonists Knew Of Mediation And Arbitration, Derek Roebuck
Journal of Dispute Resolution
It seems fair to assume that the first American colonists took with them attitudes and practices from home, including the ways in which they routinely resolved disputes. For example, on November 11, 1647 the General Court of the Massachusetts Bay Colony authorized the purchase of Edward Coke’s Reports, First and Second Institutes and Book of Entries, “to the end we may have the better light for making and proceedings about laws.” But does that mean it was natural then for parties with differences to look to litigation for an answer? This Article provides ample evidence of a preference for other …
Professor Roebuck’S Lessons For Mediators, Arbitrators, And Historians, Douglas E. Abrams
Professor Roebuck’S Lessons For Mediators, Arbitrators, And Historians, Douglas E. Abrams
Journal of Dispute Resolution
Professor Roebuck’s biographical essay on Nathaniel Bacon, the centerpiece of his historical article, delivers a timely lesson about how adherence to solid personal standards can elevate a mediator or arbitrator above the rest of the pack. With an eye toward future national direction, the article closes by summoning American historians to chronicle the development of alternative dispute resolution (ADR) since the nation’s colonial days.
Where The “Puck” Is Going – And What Faculty Should Do To Help Students Get There, John Lande
Where The “Puck” Is Going – And What Faculty Should Do To Help Students Get There, John Lande
Faculty Blogs
This post summarizes presentations and discussion at a program of the ABA Section of Dispute Resolution’s annual Legal Educators’ Colloquium. The conversation addressed anticipated changes that might affect legal and dispute resolution practice, how practice might change as a result, and how these changes could affect people’s teaching.
Easy Assignment To Promote Law Students’ Apprenticeship Of Identity, John Lande
Easy Assignment To Promote Law Students’ Apprenticeship Of Identity, John Lande
Faculty Blogs
This post describes an assignment in which students were required to review several law firm websites and write a homepage for the kind of practice that they would like to be part of. The post includes the assignment, which faculty are welcome to use or adapt.
The Idea And The Use Of Mediation And Collaborative Dispute Resolution In Due Process Disputes, Katherine Mcmurtrey
The Idea And The Use Of Mediation And Collaborative Dispute Resolution In Due Process Disputes, Katherine Mcmurtrey
Journal of Dispute Resolution
This Comment discusses the future of alternative dispute resolution in special education conflicts by first examining a brief history of the IDEA and the areas it covers. Due process complaints under the IDEA and mediation as a solution to due process complaints will then be addressed. Then, it will focus on mediation and its impact on parents and schools, particularly the advantages and disadvantages of mediation, and the presence of attorneys in mediation. Finally, it will look towards collaborative law, when two attorneys and their clients collaborate to reach an agreement, and the future of collaborative dispute resolution in the …
Robbing The Cradle: The Use Of Mediation In Parental Rights Termination With Evidence Of Drug Abuse By The Mother, M. Katherine Kerbs
Robbing The Cradle: The Use Of Mediation In Parental Rights Termination With Evidence Of Drug Abuse By The Mother, M. Katherine Kerbs
Journal of Dispute Resolution
This Comment will explore the use of mediation in termination of parental rights proceedings where there is evidence of drug abuse by the parents. First, this Comment will give an overview of termination proceedings and examine a specific statute’s guidelines for termination. Then, this Comment will provide an overview of mediation and its uses in family law. Finally, this Comment will argue for increased use of mediation in termination of parental rights cases where there is evidence of drug abuse by the mother.