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Dispute Resolution and Arbitration

2014

University of Missouri School of Law

Mediator

Articles 1 - 3 of 3

Full-Text Articles in Law

What Is Negotiation?, Part 2, John M. Lande Oct 2014

What Is Negotiation?, Part 2, John M. Lande

Faculty Blogs

To get a good understanding of final settlement events, it usually helps to also understand the interactions leading up them.


“Labels Suck”, John Lande Oct 2014

“Labels Suck”, John Lande

Faculty Blogs

Using Andrea Schneider’s pithy observation as a jumping off point, I noted confusion about the traditional terminology about lawyer- and client-centered counseling, positional interest-based negotiation, and evaluative and facilitative mediation. Many of us are pretty sloppy in our use of these terms. For example, people often think of client-centered counseling, interest-based negotiation, and facilitative mediation basically as being nice and the opposite approaches as being tough (if not naughty). So in my classes, I briefly defined the terms so that students recognize them and I described the problems with them. Then I warned them not to use the terms and …


What Is Negotiation?, Part 1, John M. Lande Oct 2014

What Is Negotiation?, Part 1, John M. Lande

Faculty Blogs

Conventional conceptions of negotiation often involve various elements that do not necessarily occur in the process of reaching agreement.