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Full-Text Articles in Law
Simulations Based On Actual Cases – Why Reinvent The Wheel?, John Lande
Simulations Based On Actual Cases – Why Reinvent The Wheel?, John Lande
Faculty Blogs
This post describes Debra Berman’s use of materials from actual cases for simulations in her negotiation and mediation courses. She provides litigation documents, including the complaint, motions, and other documents such as discovery requests, disclosures, and scheduling orders as well as a short settlement memo that she drafts. She observed dramatic improvements in her students’ performance. They were excited to work with real cases and were more prepared.
Constructing Good Odr Systems, John Lande
Constructing Good Odr Systems, John Lande
Faculty Blogs
This post presents an article by Amy Schmitz and John Zeleznikow, Intelligent Legal Tech to Empower Self-Represented Litigants. It helps explain why ODR systems sometimes don’t fulfill parties’ needs. The article develops a typology of six functions that various ODR systems perform: case management, triaging, advisory, communication, decision support, and drafting. It includes a great appendix listing ODR systems and which of these functions they perform, noting that some systems perform multiple functions. It argues that artificial intelligence and data analytics have the potential to help self-represented litigants and others pursue remedies and justice.
Teaching Students To Think Like Practitioners, John Lande
Teaching Students To Think Like Practitioners, John Lande
Faculty Blogs
This post summarizes ideas from a presentation focused on how to teach students to think like a mediator. This post applies the same logic to thinking like an advocate in mediation or a negotiator. The techniques can be applied in courses teaching practice skills through simulations, externships, and clinical experiences. The post includes possible teaching assignments.
Dwight Golann On A Year Of Zoom Mediations, John Lande
Dwight Golann On A Year Of Zoom Mediations, John Lande
Faculty Blogs
This post summarizes Dwight Golann’s article, “I Sometimes Catch Myself Looking Angry or Tired …” The Impact of Mediating by Zoom. He concludes, “Mediating by Zoom is a much more positive experience than people expected and will be a large part of the field in the future.”
Dilyara Nigmatullina’S New Article On Planned Early Dispute Resolution And Technology, John Lande
Dilyara Nigmatullina’S New Article On Planned Early Dispute Resolution And Technology, John Lande
Faculty Blogs
This post summarizes Dilyara Nigmatullina’s article entitled, Planned Early Dispute Resolution [PEDR] Systems and Elements: Experiences and the Promise of Technology. It investigates actual experiences of companies using PEDR systems and discusses the effect that the companies’ shift to PEDR has on law firms. It concludes by exploring how PEDR systems can benefit from the use of technological tools and how the interaction between technology and dispute resolution can affect the future of the legal profession. PEDR is discussed in Section 8.
Anna Howard’S New Book Examines Why Businesses Don’T Use Mediation – And Other Issues, John Lande
Anna Howard’S New Book Examines Why Businesses Don’T Use Mediation – And Other Issues, John Lande
Faculty Blogs
Anna Howard‘s book, EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes, provides valuable insights about business disputing. Her study is based on 21 semi-structured interviews of senior in-house counsel in multi-national companies operating in Europe. It shows that lawyers think about disputes from the outset of problems, not simply at the later stages of cases. The study pays particular attention to why businesses don’t use mediation, highlighting the impact of internal organizational dynamics.
New Edition Of Psychology For Lawyers, John Lande
New Edition Of Psychology For Lawyers, John Lande
Faculty Blogs
This post describes the second edition of Jennifer Robbennolt and Jean Sternlight’s book, Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making. Based on the latest research, it provides insights about perception, memory, judgment, decision making, emotion, persuasion and influence, communication, and the psychology of justice. It applies these insights tasks to daily tasks of lawyering, including interviewing, negotiating, counseling, and conducting discovery.
Student Paper Topics, John Lande
Student Paper Topics, John Lande
Faculty Blogs
Students often have problems deciding what to write about for their course papers. This post collects blog posts with provocative ideas that students might elaborate or critique in their papers.