All posts by John Lande

Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers

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In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct.  Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so.  In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers →

Do You Use “BATNA” Wrong?

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If so, you have a lot of company. Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.” This is one of my pet peeves, which drives me crazy – an admittedly short excursion. I discussed this in my top-notch post, BATNA, MLATNA – … Continue reading Do You Use “BATNA” Wrong? →

Missouri Symposium on Managing Disputes About Speech on Campus

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Missouri’s Center for the Study of Dispute Resolution recently held our annual symposium in coordination with our Journal of Dispute Resolution.  The symposium, entitled “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes,” was organized by Professors Bob Jerry and Chris Wells.  They specialize, respectively, in insurance law and … Continue reading Missouri Symposium on Managing Disputes About Speech on Campus →

Photo Album – Missouri Symposium on Disputes About Speech on Campus

This post provides photos from Missouri’s latest annual symposium,  “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes.”  Click here for a description of my photo album process. Dean Lyrissa Lidsky and Bob Jerry Bob Jerry and CSDR Director Rafael Gely Lisa Amsler, Dean Jennifer Brown, Grande Lum Grande Lum, … Continue reading Photo Album – Missouri Symposium on Disputes About Speech on Campus →

Photo Album – AALS WIP Conference 2017

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Arizona State hosted this year’s wonderful AALS ADR Section Works-in-Progress conference.  In addition to hearing what veterans in our field are working on, I was especially impressed by the work of some of our newer colleagues.  The conference showcased ASU’s cool new building in downtown Phoenix, where the temperature never got above 100. You will … Continue reading Photo Album – AALS WIP Conference 2017 →

What Is the Stone Soup(s) Project Really About?

  As a girl scout at heart, I like to make new friends and keep the old ones.  So I really enjoyed the AALS ADR Section Works-in-Progress Conference originated by Andrea Schneider and hosted this year at Arizona State under the able leadership of Art Hinshaw with assistance by Gabriel Velez and Roselle Wissler.  It … Continue reading What Is the Stone Soup(s) Project Really About? →

Lessons From the ABA’s Excellent Report on Mediator Techniques

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The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.  It should be of value to anyone interested in mediation.  It also provides useful lessons about what we can learn about ADR from empirical research. Superstar ADR empirical researcher Roselle Wissler is the principal … Continue reading Lessons From the ABA’s Excellent Report on Mediator Techniques →

CFPB Arbitration Rule Overturned

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From my colleague, Amy Schmitz: This summer, I reported the news that after much study, the Consumer Financial Protection Bureau (CFPB) had issued its arbitration rule barring the use of arbitration clauses to preclude class actions with respect to financial services and contracts disputes.  The rule would have prohibited banks and other consumer financial companies … Continue reading CFPB Arbitration Rule Overturned →

In Praise of (Good) Disagreements

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As they say, if two people always agree, one of them is unnecessary. It may seem odd that I advocate for more disagreements in a blog named Indisputably.  But that’s exactly what I’m doing.  Actually, just more good disagreements. Dying Art of Disagreement This post riffs on a column by New York Times columnist Bret Stephens, … Continue reading In Praise of (Good) Disagreements →