John M. Lande Publications

Academic Journals

Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding, 2017 JOURNAL OF DISPUTE RESOLUTION 1 (2017).

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Building Negotiation Theory from Real-Life Negotiations, 2017 JOURNAL OF DISPUTE RESOLUTION 53 (2017).

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Why and How Businesses Use Planned Early Dispute Resolution with Peter W. Benner, 13 UNIVERSITY OF ST. THOMAS LAW JOURNAL __ (forthcoming 2017).

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My Last Lecture: More Unsolicited Advice for Future and Current Lawyers, 2015 JOURNAL OF DISPUTE RESOLUTION 317 (2015)

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Good Pretrial Lawyering: Planning to Get to Yes Sooner, Cheaper, and Better, 16 CARDOZO JOURNAL OF CONFLICT RESOLUTION 63 (2014)

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A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, 16 CARDOZO JOURNAL OF CONFLICT RESOLUTION 1 (2014)

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Escaping from Lawyers’ Prison of Fear, 82 UMKC LAW REVIEW 485 (2014)

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Lessons from Teaching Students to Negotiate Like a Lawyer, 15 CARDOZO JOURNAL OF CONFLICT RESOLUTION 1 (Fall 2013)

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Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice, 2013 JOURNAL OF DISPUTE RESOLUTION 1 (2013)

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Lessons from Mediators' Stories, 34 CARDOZO LAW REVIEW 2423 (2013)

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Principles for Designing Negotiation Instruction, 33 HAMLINE JOURNAL OF PUBLIC LAW AND POLICY 299 (2012)

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Teaching Students to Negotiate Like a Lawyer, 39 WASHINGTON UNIVERSITY JOURNAL OF LAW AND POLICY 109 (2012)

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The Revolution in Family Law Dispute Resolution, 24 JOURNAL OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS 411 (2012)

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Getting Good Results for Clients by Building Good Working Relationships with ‘Opposing Counsel’, 33 UNIVERSITY OF LA VERNE LAW REVIEW 107 (2011)

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An Empirical Analysis of Collaborative Practice, 49 FAMILY COURT REVIEW 257 (2011)

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The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering with Jean R. Sternlight, 25 OHIO STATE JOURNAL ON DISPUTE RESOLUTION 247 (2010)

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Collaborative Lawyers’ Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients’ Informed Consent to Use Collaborative Law with Forrest Steven Mosten, 25 OHIO STATE JOURNAL ON DISPUTE RESOLUTION 347 (2010)

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The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process with Forrest S. Mosten, 38 HOFSTRA LAW REVIEW 611 (2009)

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The Movement Toward Early Case Handling in Courts and Private Dispute Resolution, 24 OHIO STATE JOURNAL ON DISPUTE RESOLUTION 81 (2008)

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Practical Insights From an Empirical Study of Cooperative Lawyers in Wisconsin, 2008 JOURNAL OF DISPUTE RESOLUTION 203 (2008)

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Developing Better Lawyers and Lawyering Practices: Introduction to the Symposium on Innovative Models of Lawyering, 2008 JOURNAL OF DISPUTE RESOLUTION 1 (2008)

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An Appreciation of Marc Galanter’s Scholarship, 71 LAW AND CONTEMPORARY PROBLEMS 147 (2008)

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Principles for Policymaking about Collaborative Law and Other ADR Processes, 22 OHIO STATE JOURNAL ON DISPUTE RESOLUTION 619 (2007)

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Judging Judges and Dispute Resolution Processes, 7 NEVADA LAW JOURNAL 457 (2007)

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Introduction to Vanishing Trial Symposium, 2006 JOURNAL OF DISPUTE RESOLUTION 1 (2006)

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How Much Justice Can We Afford?: Defining the Courts' Roles and Deciding the Appropriate Number of Trials, Settlement Signals, and Other elements Needed to Administer Justice, 2006 JOURNAL OF DISPUTE RESOLUTION 213 (2006)

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Shifting the Focus From the Myth of "The Vanishing Trial" to Complex Conflict Management Systems, or I Learned Almost Everything I Need to Know About Conflict Resolution From Marc Galanter, 6 CARDOZO JOURNAL OF CONFLICT RESOLUTION 191 (2005)

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Focusing on Program Design Issues in Future Research on Court-Connected Mediation, 22 CONFLICT RESOLUTION QUARTERLY 89 (2004)

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Fitting the Forum to the Family Fuss: Choosing Mediation, Collaborative Law, or Cooperative Law for Negotiating Divorce Cases with Gregg Herman, 42 FAMILY COURT REVIEW 280 (2004)

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Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering, 64 OHIO STATE LAW JOURNAL 1315 (2003)

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Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs, 50 UCLA LAW REVIEW 69 (2002)

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Getting the Faith: Why Business Lawyers and Executives Believe in Mediation, 5 HARVARD NEGOTIATION LAW REVIEW 137 (2000)

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Toward More Sophisticated Mediation Theory, 2000 JOURNAL OF DISPUTE RESOLUTION 321 (2000)

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Failing Faith in Litigation? A Survey of Business Lawyers' and Executives' Opinions, 3 HARVARD NEGOTIATION LAW REVIEW 1 (1998)

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How Will Lawyering and Mediation Practices Transform Each Other?, 24 FLORIDA STATE UNIVERSITY LAW REVIEW 839 (1997)

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Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace with Lauren B. Edelman and Howard S. Erlanger, 27 LAW AND SOCIETY REVIEW 497 (1993)

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Private Courts and Public Authority with Marc Galanter, 12 STUDIES IN LAW, POLITICS, AND SOCIETY 393 (1992)

Speaking for Mediation: How Can Mediators Educate the Public About Options for Mediation, Promote Individual Mediation Practices, and Enhance the Quality of Mediation Services?, 17 MEDIATION QUARTERLY 23 (1987)

Mediation Paradigms and Professional Identities: Can Mediators Activate a New Movement for Justice?, 4 MEDIATION QUARTERLY 19 (1984)

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Book Chapters/Collected Works

For Pragmatic Romanticism in Law and Dispute Resolution: Reflections on Galanter’s Remarkably Realistic Analysis of Why the Have-Nots Come Out Behind, in DISCUSSIONS IN DISPUTE RESOLUTION (Art Hinshaw, Sarah Rudolph Cole, Andrea Kupfer Schneider, eds., forthcoming)

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Taming the Jungle of Negotiation Theories, first published in THE NEGOTIATOR'S DESK REFERENCE (Chris Honeyman and Andrea Kupfer Schneider, eds. DRI Press, 2017).

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Integrating Alternative Dispute Resolution and Problem-Solving Across the Curriculum, in BUILDING ON BEST PRACTICES: TRANSFORMING LEGAL EDUCATION IN A CHANGING WORLD (Deborah Maranville et al. eds., 2015) (with Jill Gross)

Books

Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, 2nd ed., (American Bar Association, 2015).

Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, (American Bar Association 2011)

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Professional Journals

Overcoming Roadblocks to Reaching Settlement in Family Law Cases, 40 Family Advocate 26 (Winter 2018).

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Getting the Benefit of Planned Early Dispute Resolution in Construction Projects, 34 CONSTRUCTION LAW LETTER 1 (Jan. / Feb. 2018).

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Last Lecture: Tips for Lawyers Who Want to Get Good Results for Clients and Make Money, 21 NORTH CAROLINA STATE BAR JOURNAL 21 (2016)

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How Businesses Use Planned Early Dispute Resolution with Peter W. Benner, 34 ALTERNATIVES TO THE HIGH COST OF LITIGATION 49 (2016).

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Tips for Lawyers Who Want to Get Good Results for Clients, 94 MICHIGAN BAR JOURNAL 46 (Nov 2015).

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Taking Advantage of Opportunities in ‘Litigotiation’, 21 DISPUTE RESOLUTION MAGAZINE 40 (Summer 2015)

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Family Lawyering with Planned Early Negotiation: How to Get Good Results for Clients and Make Money, 37 FAMILY ADVOCATE 12 (Winter 2015)

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How Corporations Can Resolve Disputes Sooner, Cheaper, and Better, CORPORATE DISPUTES MAGAZINE (April-June 2014)

Family Lawyering: Past, Present, and Future, 51 FAMILY COURT REVIEW 20 (2013)

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How Advocates Can Manage Cases Better, and Get Good Results, with 'Planned Early Negotiation', 29 ALTERNATIVES TO THE HIGH COST OF LITIGATION 161 (2011)

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How Neutrals Can Provide Early Case Management of Construction Disputes, Spring 2011 JAMS GLOBAL CONSTRUCTION SOLUTIONS 6 (2011)

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Helping Lawyers Help Clients, 28 GP SOLO 28 (2011)

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Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution, 17 DISPUTE RESOLUTION MAGAZINE 14 (2010)

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Before You Take a Collaborative Law Case: What the Ethical Rules Say About Confilcts of Interest, Client Screening, and Informed Consent with Forrest S. Mosten, 33 FAMILY ADVOCATE 31 (2010)

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Can We Resolve Franchise Disputes Faster, Cheaper and Better? with Steven K. Fedder and Peter R. Silverman, 16 No.10 LJN's FRANCHISING BUSINESS AND LAW ALERT 1 (2010)

Learning From "Cooperative" Negotiators in Wisconsin, 15 DISPUTE RESOLUTION MAGAZINE 20 (2009)

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A Recent Innovation, 'Cooperative' Negotiation Can Promote Early and Efficient Settlement Through Joint Case Management, 27 ALTERNATIVES TO THE HIGH COST OF LITIGATION 117 (2009)

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Doing the Best Mediation You Can, 26 No.2 GP SOLO 30 (2009)

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Collaborative Lawyers’ Duties to Screen Cases for Appropriateness and Obtain Clients’ Informed Consent with Forrest S. Mosten, 28 AFCC NEWS 6 (Spring 2009)

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A Guide for Policymaking That Emphasizes Principles, and Public Needs, 26 ALTERNATIVES TO THE HIGH COST OF LITIGATION 197 (2008)

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Fitting the Forum to the Fuss: Helping Parties Choose Mediation, Collaborative Practice, or Cooperative Practice, VIRGINIA MEDIATION NETWORK NEWSLETTER (Fall/Winter 2008)

Improving Mediation Quality: You, Too, Can Do This in Your Area, 26 ALTERNATIVES TO THE HIGH COST OF LITIGATION 89 (2008)

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Listening to Experienced Users: Improving Quality and Use of Commercial Mediation with Rachel Wohl, 13 DISPUTE RESOLUTION MAGAZINE 18 (Spring 2007)

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Lessons for Collaborative Lawyers and Other Dispute Resolution Professionals from Colorado Bar Association Ethics Opinion 115, MEDIATE.COM (April 2007)

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The Promise and Perils of Collaborative Law, 12 DISPUTE RESOLUTION MAGAZINE 29 (2005)

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Replace 'The Vanishing Trial' with More Helpful Myths, 23 ALTERNATIVES TO THE HIGH COST OF LITIGATION 161 (2005)

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Procedures for Building Quality into Court Mediation Programs, 23 ALTERNATIVES TO THE HIGH COST OF LITIGATION 17 (2005)

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Why a Good-Faith Requirement Is a Bad Idea for Mediation, 23 ALTERNATIVES TO THE HIGH COST OF LITIGATION 1 (2005)

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"The Vanishing Trial" Report: An Alternative View of the Data, 10 DISPUTE RESOLUTION MAGAZINE 19 (2004)

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Negotiation: Evading Evasion: How Protocols Can Improve Civil Case Results, 21 ALTERNATIVES TO THE HIGH COST OF LITIGATION 149 (2003)

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Child Protection Mediation, Report of Trends in the State Courts, NATIONAL CENTER FOR STATE COURTS (2000)

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Confidentiality in Dependency Mediation: Where Does It Begin and End? with Susan Butterwick, AFCC (ASSOCIATION OF FAMILY AND CONCILIATION COURTS) NEWSLETTER 3 (Fall 1999)

Lawyers' Routine Participation Directs Shape of 'Liti-Mediation', 16 ALTERNATIVES TO THE HIGH COST OF LITIGATION 53 (1998)

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Stop Bickering! A Call for Collaboration, 16 ALTERNATIVES TO THE HIGH COST OF LITIGATION 1 (1998)

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Relationships Drive Support for Mediation, 15 ALTERNATIVES TO THE HIGH COST OF LITIGATION 95 (1997)

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