Posts filtered by tags: John Lande[x]


Evaluative or Facilitative Mediation? – the Wrong Question

Conflict management professionals have struggled for many years whether to take a “facilitative” or an “evaluative” approach in mediation. This either/or analysis is much too simplistic and grounded in false assumptions. We need a more nuanced approach, drawing on a wide variety of “styles” and tools which are tailored to meet the needs of the situation and the parties. Professor John Lande recently published a concise and helpful article advocating for such an approach. My mediation training wa...
Tags: Law, Aba, Dispute Resolution, Lande, John Lande, John Wade, Michael Erdle, Leonard Riskin

Is It Time to Regulate Collaborative Practice?

Collaborative practice is a dispute resolution process that is primarily used in family law, and it is currently unregulated in Canada. The forthcoming amendments to the Divorce Act include collaborative practice as a “family dispute resolution process” that a lawyer ought to “encourage” her client to consider, where “appropriate”. This suggests to me that a process that has for the last 30 years has been largely community-based, has finally come into its own – into the federal scope of the Divo...
Tags: Minnesota, Law, California, US, Toronto, Canada, New Brunswick, Court of appeal, Department Of Justice, Alberta, Legal Ethics, Ucla, Cpc, Cfl, Ontario, Webb

Learning From “Building Planes in the Sky”

My heart goes out to everyone – because everyone is affected by the COVID19 pandemic in some way, personally, professionally, or both. At the risk of seeming insensitive, this situation is both a tragedy and an opportunity. In terms of my work life, what is weighing most heavily on my mind is how we can use this opportunity to reimagine the family justice system and replace it with something new. As many have already pointed out (here and here for example), the COVID19 crisis is exposing signifi...
Tags: Justice, Law, Time, Canada, Michigan, Churchill, Rahm Emanuel, Richard Susskind, Tamarack, CRT, Susskind, Jordan Furlong, Dispute Resolution, Ian Mulgrew, Julie Macfarlane, David Eby

An Inspiring Resource for the “Dispute Resolution Movement”, and Some Thoughts

Kudos to Professor John Lande (one of my heroes in the conflict management field) for his newest publication: Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement. John’s Indisputably Post February 7th provides a great overview of this unique volume – available for free. It arose out of John’s worry about the future of ADR in legal education and his sense of discontent with the “usual” conference formats – you know the kind, lots of interesting pane...
Tags: Law, John, ADR, Dispute Resolution, John Lande, ADR Movement System

The Case for Well-Designed Dispute Resolution Clauses

During my final year with Mediate BC, I had the opportunity to study the use of “dispute resolution clauses” (“DR Clauses”) within the BC business community. By “DR Clause” I mean a clause in a contract that sets out how the parties will deal with any disputes arising out of the contract, including the interpretation of the terms of the contract itself (Note 1). As part of the research, I interviewed several inhouse counsel as well as outside counsel/solicitors who acted for prominent BC busines...
Tags: UK, Law, California, Control, Santa Clara California, TCC, Ashurst, Dispute Resolution, Continuing Legal Education Society of BC, Lande, John Lande, PEDR, Michael Erdle, John DeGroote, Ohpen Operations UK Ltd, Invesco Fund Managers Ltd

Change ‘R Us: Noam Ebner on Change & Negotiation

I keep a folder with blog post ideas. Sometimes it is hard to choose which topic to focus on for my Slaw column. Not this time. Professor John Lande’s column on February 12th recommended (commanded?) readers to find and read Noam Ebner’s recent article entitled Negotiation is Changing. Never one to ignore a recommendation from one of my conflict management heroes, I downloaded and read the article. It is fascinating and thought-provoking. I heartily urge anyone involved in negotiation to do the ...
Tags: Law, Tripadvisor, Cbc, Dylan, Julia, Noam, Dispute Resolution, Lauren Newell, John Lande, Noam Ebner, Julia Menard, BC Distance Mediation Project Phase

Law Prof's Last Lecture: Unsolicited Advice For Future And Current Lawyers

John Lande (Missouri), My Last Lecture: More Unsolicited Advice for Future and Current Lawyers, 2015 J. Disp. Resol. 317: I was invited to write this essay on the occasion of my retirement, following in the footsteps of my former colleague, Steve Easton, who wrote a wonderful article, My Last Lecture:... [Author: Paul Caron]
Tags: Taxes, Scholarship, Paul Caron, Legal Education, John Lande

Dispute Resolution – Why Early Planning Makes Sense

When our family is planning a vacation we usually figure out our desires and needs, research the options, consider factors such as time, cost and availability and then map out our adventure. In case something goes wrong, we also make sure our travel and medical insurance are up to date and make sure our loved ones know our itinerary. Our recent trip to Mexico made me wonder why it isn’t more common for lawyers and business people to take the same approach to planning for business relationships a...
Tags: Law, Mexico, American Bar Association, Lau, Dispute Resolution, Lande, John Lande, Kurt Dettman, Catherine Shanks, PEDR, Peter Benner