Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration

Series

2016

Mediator

Articles 1 - 6 of 6

Full-Text Articles in Law

Lainey Feingold’S Book On Structured Negotiation, John Lande Oct 2016

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 Sep 2016

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 Jul 2016

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 Jul 2016

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.


Where The “Puck” Is Going – And What Faculty Should Do To Help Students Get There, John Lande Jun 2016

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 Feb 2016

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.