All posts by John Lande

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

Tenth Annual Securities Dispute Resolution Triathlon

From TFOI Elayne Greenberg: The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA) invite you to participate in the tenth annual Securities Dispute Resolution Triathlon, a competition of competence in the dispute resolution field. The Triathlon is the first and only competition to include negotiation, … Continue reading Tenth Annual Securities Dispute Resolution Triathlon

Use of Arbitration Agreement to Silence Omarosa

Omarosa Manigault Newman, a former Trump White House aide, just published a tell-all book and the Trump campaign filed an arbitration action alleging that she broke a 2016 confidentiality agreement. According to this Washington Post article, “Initially, [White House Counsel Donald] McGahn told Trump he would not draft or give aides the [non-disclosure agreements] because … Continue reading Use of Arbitration Agreement to Silence Omarosa