All posts by John Lande

How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?

I recently visited our DR friends and colleagues at Quinnipiac, courtesy of an invitation from Charlie Pillsbury, the co-director of their Center on Dispute Resolution.  He invited me to give a talk as part of the Quinnipiac-Yale Dispute Resolution Workshop. Using the patented Stone Soup process of systematically eliciting input from audiences, I tested some … Continue reading How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?

How Can We Fix Legal System Failures to Properly Handle Sexual Offenses?

Over the past year, we have witnessed growing evidence of the massive failures of our legal system to deal properly with a rampant system in which powerful men sexually dominate others, especially women. This post describes the nature, magnitude, and consequences of a long-term history of criminal and civil sexual offenses in the US and … Continue reading How Can We Fix Legal System Failures to Properly Handle Sexual Offenses?

More Observations about the Kavanaugh Hearing

Yesterday, Jen wrote an insightful post analyzing Judge Kavanaugh’s problematic apology to Senator Klobuchar.  Interestingly, he committed the same offense with Senator Whitehouse – arrogantly responding to a question about his drinking by asking the senator about his drinking – but didn’t apologize to him. This post provides a few more observations about this remarkable … Continue reading More Observations about the Kavanaugh Hearing

Serial Podcast Shows How Much You Can Learn From a Single Case

The first episode of the Serial podcast’s new season is a dramatic illustration of how much you can learn from a single case.  The case involves a young white woman who was prosecuted for her participation in a bar fight.  The Serial team are incredible storytellers, so this podcast is not “just” educational, but it … Continue reading Serial Podcast Shows How Much You Can Learn From a Single Case

Real-Life Account of Litigation Stress in Bill Cosby Case

I just wrote a post describing “litigation stress” that parties experience during litigation, noting that this can be particularly painful in some cases like those involving sexual assault allegations. Allegations of sexual assault by Judge Brett Kavanaugh have been in the news a lot lately.  While these allegations aren’t being litigated in court, the process … Continue reading Real-Life Account of Litigation Stress in Bill Cosby Case

Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

Litigation offers many potential benefits.  It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.  It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves.  Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

Serial Podcast Examines the Criminal Justice System

Like millions of others, I got hooked on the Serial podcasts.  The first season told the story of a real-life whodunit, examining the trial of a young man convicted of murdering his ex-girlfriend.  The second season focused on Bowe Bergdahl, a soldier who left his base in Afghanistan and was held captive by the Taliban … Continue reading Serial Podcast Examines the Criminal Justice System

Creighton Program on Disrupting Law and Reclaiming Justice on October 8

The Negotiation and Conflict Resolution (NCR) Program in the Creighton University Graduate School is excited to invite you to Disrupting Law, Reclaiming Justice – an upcoming event at Creighton that brings to the Heartland a national conversation about the need to remake the legal system – for it to be more responsive to more people, … Continue reading Creighton Program on Disrupting Law and Reclaiming Justice on October 8

Building Political Common Ground

Probably like many readers of this blog, I have been very uncomfortable with our highly polarized politics lately.  I have written about my conflicted feelings about how to deal with these issues, including this article, How Can We Build Common Ground Between Bubbles? Clearly, it is counterproductive to try to build common ground with people … Continue reading Building Political Common Ground

What Do Litigants Really Want?

GFOI Donna Shestowsky (California-Davis) recently wrote the latest in a series of her studies asking actual litigants about their procedural preferences.  The article is Inside the Mind of the Client:  An Analysis of Litigants’ Decision Criteria for Choosing Procedures, 36 Conflict Resolution Quarterly 69 (2018).  Here’s the abstract:     This article presents findings from … Continue reading What Do Litigants Really Want?

Appreciating This Year’s Stone Soup Faculty

I am very proud to present the roster of faculty who are using Stone Soup in their courses this year to help students learn about actual cases.  This features 52 faculty members, including about 22 who are starting to use it this year.  They come from 37 schools, including about 14 where it is being used … Continue reading Appreciating This Year’s Stone Soup Faculty