More news on: Center for the Study of Dispute Resolution (CSDR), Prof. John Lande

Lawyers’ Fear, Negotiation, Dispute Resolution Subjects of Recent Publications by Prof. Lande

May 5th, 2014

John Lande

Prof. John Lande recently had several articles published.

Escaping from Lawyers’ Prison of Fear,” which catalogs a long list of fears endemic to legal work and suggests ways that lawyers can take advantage of the benefits of their fears and reduce problems caused by them, was published in 82 UMKC Law Review485 (2014).

The Cardozo Journal of Conflict Resolution will publish two companion articles from a study of Missouri lawyers’ pretrial negotiations.  In “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation,”16 Cardozo Journal of Conflict Resolution (forthcoming 2014), Prof. Lande argues that traditional negotiation theory, which relies primarily on positional and interest-based models, should be replaced by a more flexible framework for analyzing negotiations. In “Good Pretrial Lawyering:  Planning to Get to Yes Sooner, Cheaper, and Better,” in 16 Cardozo Journal of Conflict Resolution (forthcoming 2014), he summarizes respected lawyers’ recommendations for effective negotiation.  They recommend taking charge of cases from the outset, which includes getting a clear understanding of clients and their interests, developing good relationships with counterpart lawyers, carefully investigating the cases, making strategic decisions about timing and enlisting mediators and courts when needed.

In his article, “How Corporations Can Resolve Disputes Sooner, Cheaper, and Better,” in the April-June 2014 issue of Corporate Disputes Magazine, Prof. Lande summarizes the user guide of the ABA Section of Dispute Resolution’s Planned Early Dispute Resolution Task Force, which he chaired.

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