John Lande

University of Missouri School of Law

Isidor Loeb Professor Emeritus

Hulston Hall

Columbia, MO 65211

United States

  • University of Missouri School of Law

SCHOLARLY PAPERS

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Scholarly Papers (51)

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1.

My Last Lecture: More Unsolicited Advice for Future and Current Lawyers

2015 Journal of Dispute Resolution 317, University of Missouri School of Law Legal Studies Research Paper No. 2015-15
Number of pages: 25 Posted: 05 Aug 2015 Last Revised: 28 Mar 2016
John Lande
University of Missouri School of Law
Downloads 977 (23,184)

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legal education, legal practice, lawyering skills, communication, emotions, negotiation, problem-solving, advocacy, career planning, continuing education

2.

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), University of Missouri School of Law Legal Studies Research Paper No. 2014-05
Number of pages: 63 Posted: 06 Mar 2014 Last Revised: 01 Nov 2014
John Lande
University of Missouri School of Law
Downloads 807 (30,475)

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negotiation, adversarial negotiation, positional negotiation, distributive negotiation, problem-solving, interest-based negotiation, integrative negotiation, cooperative negotiation, ordinary legal negotiation, negotiation theory, empirical research

3.

The Revolution in Family Law Dispute Resolution

Journal of the American Academy of Matrimonial Lawyers, Vol. 24, p. 411, 2012 , University of Missouri School of Law Legal Studies Research Paper No. 2012-10
Number of pages: 41 Posted: 07 Apr 2012
John Lande
University of Missouri School of Law
Downloads 769 (32,539)

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family law, dispute resolution, divorce, custody, Collaborative, Cooperative

4.

Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs

UCLA Law Review, Vol. 50, October 2002
Number of pages: 74 Posted: 05 Feb 2003
John Lande
University of Missouri School of Law
Downloads 550 (50,839)
Citation 10

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court-connected mediation, dispute system design, system design, good faith, bad faith, confidentiality

5.

Teaching the Newly Essential Knowledge, Skills, and Values in a Changing World

Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds., 2015), chapter 6
Number of pages: 160 Posted: 04 Aug 2015 Last Revised: 01 Jun 2019
Cynthia F. Adcock, Lisa Bliss, Robin Boyle, Susan L. Brooks, Susan Bryant, Sylvia Caley, Clark D. Cunningham, Susan Swaim Daicoff, Larry O. Natt Gantt, II, Dwight Drake, Jill Gross, Eden E. Harrington, Conrad Johnson, Elizabeth Kane, John Lande, Mary A. Lynch, Benjamin V. Madison III, Rhonda V. Magee, Linda Morton, Robert Pettignano, Deborah Rhode, Patty Roberts, Paula Schaefer, Susan Schechter, Andrea Kupfer Schneider, Antoinette Sedillo Lopez, Emily Suski, David S. Udell, Eliza Vorenberg and Janet Weinstein
Independent, Georgia State University - College of Law, St. John's University - School of Law, Drexel University Thomas R. Kline School of Law, CUNY School of Law, Georgia State University College of Law, Georgia State University College of Law, Unaffiliated academically since 2018, current Court Administrator, Regent University - School of Law, University of Washington - School of Law, Pace Law School, University of Texas at Austin - School of Law, Columbia University - Law School, Brooklyn Law School, University of Missouri School of Law, Albany Law School, Regent University School of Law, University of San Francisco, California Western School of Law, Children's Healthcare of Atlanta, Stanford Law School, William & Mary Law School, University of Tennessee College of Law, University of California, Berkeley - School of Law, Marquette University - Law School, University of New Mexico - School of Law, University of South Carolina School of Law, New York University (NYU) - Brennan Center for Justice, Roger Williams University School of Law and Independent
Downloads 385 (78,657)

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legal education, law schools, pedagogy, skills training, professionalism, legal ethics, diversity, legal technology

6.

The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering

Ohio State Journal on Dispute Resolution, Vol. 25, p. 247, 2010, University of Missouri School of Law Legal Studies Research Paper No. 2010-05, UNLV William S. Boyd School of Law Legal Studies Research Paper No. 10-12, NYLS Clinical Research Institute Paper No. 09/10 #21
Number of pages: 53 Posted: 16 Feb 2010 Last Revised: 08 Jul 2019
John Lande and Jean R. Sternlight
University of Missouri School of Law and University of Nevada, Las Vegas, William S. Boyd School of Law
Downloads 359 (85,335)

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legal education, ADR, dispute resolution, curriculum, skills courses, doctrinal courses, skills, accreditation

7.

Principles for Policymaking about Collaborative Law and Other ADR Processes

Ohio State Journal on Dispute Resolution, Vol. 22, p. 619, 2007, U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2007-04
Number of pages: 89 Posted: 12 Apr 2007
John Lande
University of Missouri School of Law
Downloads 355 (86,445)

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8.

Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice

2013 Journal of Dispute Resolution 1, University of Missouri School of Law Legal Studies Research Paper No. 2013-02
Number of pages: 18 Posted: 11 Feb 2013 Last Revised: 11 Dec 2013
John Lande
University of Missouri School of Law
Downloads 344 (89,631)

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legal education, reform, curriculum, admissions, Langdell, economics, market, employer, organizational change

9.

Teaching Students to Negotiate Like a Lawyer

Washington University Journal of Law and Policy, Vol. 39, p. 109, 2012, University of Missouri School of Law Legal Studies Research Paper No. 2012-20
Number of pages: 37 Posted: 18 Jun 2012
John Lande
University of Missouri School of Law
Downloads 337 (91,695)

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teaching, negotiation, lawyer, students, simulation, client interview, retainer, professional behavior, lawyering

10.

The Definition of Negotiation: A Play in Three Acts

Missouri Journal of Dispute Resolution 2017 (1), Marquette Law School Legal Studies Paper No. 17-06
Number of pages: 15 Posted: 23 Jan 2017 Last Revised: 11 Aug 2017
Andrea Kupfer Schneider, Noam Ebner, David Matz and John Lande
Marquette University - Law School, Creighton University Graduate School - Department of Interdisciplinary Studies, University of Massachusetts Boston and University of Missouri School of Law
Downloads 335 (92,322)

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negotiation, definition, power, interests, teaching, ADR

11.

An Empirical Analysis of Collaborative Practice

Family Court Review, Vol. 49, pp. 257-281, April 2011, University of Missouri School of Law Legal Studies Research Paper No. 2011-10
Number of pages: 33 Posted: 11 Apr 2011
John Lande
University of Missouri School of Law
Downloads 308 (101,241)

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collaborative, research, empirical, practice groups, legal practice

12.

Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering

Ohio State Law Journal, Vol. 64, p. 1315, 2003
Number of pages: 70 Posted: 08 Feb 2004
John Lande
University of Missouri School of Law
Downloads 306 (101,971)
Citation 1

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Collaborative law, negotiation, problem-solving, professional responsibility, dispute resolution

13.

Collaborative Lawyers' Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients' Informed Consent to Use Collaborative Law

Ohio State Journal on Dispute Resolution, Vol. 25, p. 347, 2010, University of Missouri School of Law Legal Studies Research Paper No. 2009-06
Number of pages: 87 Posted: 05 Apr 2009 Last Revised: 02 Jun 2010
John Lande and Forrest Steven Mosten
University of Missouri School of Law and UCLA School of Law
Downloads 298 (105,008)

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Collaborative Law, Collaborative Practice, innovation, dispute resolution, lawyering, legal ethics, professional responsibility, informed consent, screening, disqualification agreement, practice groups, conflict of interest, malpractice

14.

Escaping from Lawyers' Prison of Fear

82 UMKC L. Rev. 485 (2014), University of Missouri School of Law Legal Studies Research Paper No. 2014-08
Number of pages: 29 Posted: 28 Mar 2014 Last Revised: 31 Mar 2014
John Lande
University of Missouri School of Law
Downloads 269 (117,054)

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fear, anxiety, failure, success, psychology, legal practice, negotiation, military, legal education, legal profession

15.

The Promise and Perils of Collaborative Law

Dispute Resolution Magazine, Vol. 12, p. 29, Fall 2005
Number of pages: 3 Posted: 14 May 2006
John Lande
University of Missouri School of Law
Downloads 269 (117,054)
Citation 3

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dispute resolution, negotiation, interest-based negotiation, problem-solving, collaborative law, cooperative law,

16.

Good Pretrial Lawyering: Planning to Get to Yes Sooner, Cheaper, and Better

16 Cardozo Journal of Conflict Resolution 63 (2014), University of Missouri School of Law Legal Studies Research Paper No. 2014-06
Number of pages: 39 Posted: 06 Mar 2014 Last Revised: 01 Nov 2014
John Lande
University of Missouri School of Law
Downloads 257 (122,838)

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litigation, negotiation, settlement, dispute resolution, ADR, clients, opposing counsel, practice, early, information, investigation, discovery, efficiency, satisfaction, empirical research, create value, zero-sum

17.

Taming the Jungle of Negotiation Theories

First published in The Negotiator's Desk Reference (Chris Honeyman & Andrea Kupfer Schneider, eds. DRI Press 2017), University of Missouri School of Law Legal Studies Research Paper No. 2017-29
Number of pages: 21 Posted: 18 Dec 2017
John Lande
University of Missouri School of Law
Downloads 256 (125,809)

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negotiation, theory

18.

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

Cardozo Journal of Conflict Resolution, Vol. 6, p. 191, 2005, University of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-12
Number of pages: 23 Posted: 14 May 2006
John Lande
University of Missouri School of Law
Downloads 247 (127,943)

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vanishing trial, courts, case management, dispute resolution, litigation, trial

19.

Why and How Businesses Use Planned Early Dispute Resolution

13 Univ. of St. Thomas Law Journal 248 (2017), University of Missouri School of Law Legal Studies Research Paper No. 2016-03
Number of pages: 50 Posted: 26 Jan 2016 Last Revised: 19 Jun 2017
John Lande and Peter Benner
University of Missouri School of Law and Quinnipiac University School of Law
Downloads 233 (135,574)

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planned early dispute resolution, dispute system design, business disputes, corporate disputes, corporate culture, legal culture, inside counsel, in-house counsel

20.

Getting Good Results for Clients by Building Good Working Relationships with 'Opposing Counsel'

University of La Verne Law Review, Vol. 33, p. 107, 2011, University of Missouri School of Law Legal Studies Research Paper No. 2011-25
Number of pages: 17 Posted: 06 Dec 2011
John Lande
University of Missouri School of Law
Downloads 215 (146,494)

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opposing counsel, clients, lawyering, working relationships

21.

Doing the Best Mediation You Can

Dispute Resolution Magazine, Vol. 14, pp. 43-45, Spring/Summer 2008, University of Missouri School of Law Legal Studies Research Paper No. 2010-27
Number of pages: 4 Posted: 05 Dec 2010
John Lande
University of Missouri School of Law
Downloads 213 (147,806)

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mediation, mediations, dispute resolution

22.

Teaching Students to Be Problem-Solvers and Dispute-Resolvers

Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds., 2015) , Marquette Law School Legal Studies Paper No. 15-04
Number of pages: 13 Posted: 11 Feb 2015
Andrea Kupfer Schneider, Jill Gross and John Lande
Marquette University - Law School, Pace Law School and University of Missouri School of Law
Downloads 208 (151,149)

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ADR, dispute resolution, conflict resolution, legal education, law schools, pedagogy, teaching, law students, curriculum, curricular reform, innovation

23.

The Movement Toward Early Case Handling in Courts and Private Dispute Resolution

Ohio State Journal on Dispute Resolution, Vol. 24, p. 81, 2008, University of Missouri School of Law Legal Studies Research Paper No. 2010-02
Number of pages: 51 Posted: 06 Jan 2010
John Lande
University of Missouri School of Law
Downloads 182 (170,913)

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early case handling, private dispute resolution, case handling, courts, ECH, ADR

24.

Lessons from Teaching Students to Negotiate Like a Lawyer

15 Cardozo Journal of Conflict Resolution 1 (Fall 2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-07
Number of pages: 41 Posted: 20 Mar 2013 Last Revised: 26 Nov 2014
John Lande
University of Missouri School of Law
Downloads 180 (172,638)

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legal education, legal education crisis, teaching, pedagogy, negotiation, negotiation theory, ordinary legal negotiation, simulation, single-stage simulation, multi-stage simulation

25.

Building Negotiation Theory from Real-Life Negotiations

2017 Journal of Dispute Resolution 53, University of Missouri School of Law Legal Studies Research Paper No. 2017-01
Number of pages: 9 Posted: 17 Jan 2017 Last Revised: 09 Aug 2017
John Lande
University of Missouri School of Law
Downloads 176 (176,139)

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negotiation, theory, empirical research, course assignments

26.

Principles for Designing Negotiation Instruction

33 Hamline Journal of Public Law and Policy 299 (2012), University of Missouri School of Law Legal Studies Research Paper No. 2013-01
Number of pages: 28 Posted: 11 Jan 2013
John Lande, Ximena Bustamante, H. Jay Folberg and Joel Lee
University of Missouri School of Law, affiliation not provided to SSRN, University of San Francisco - School of Law and National University of Singapore (NUS) - Faculty of Law
Downloads 169 (182,448)

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instruction, teaching methods, pedagogy, negotiation, dispute resolution, alternative dispute resolution

27.

Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution

Dispute Resolution Magazine, Vol. 17, pp. 14-16, Fall 2010, University of Missouri School of Law Legal Studies Research Paper No. 2010-25
Number of pages: 4 Posted: 29 Nov 2010
John Lande
University of Missouri School of Law
Downloads 169 (182,448)

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dispute resolution, dispute systems

28.

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

Journal of Dispute Resolution, Forthcoming, U. of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-16
Number of pages: 41 Posted: 16 Jun 2006
John Lande
University of Missouri School of Law
Downloads 167 (184,310)

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vanishing trial, courts, negotiation, settlement, data, legal education

29.

Developing Better Lawyers and Lawyering Practices: Introduction to the Symposium on Innovative Models of Lawyering

Journal of Dispute Resolution, Vol. 2008, No. 1, p. 1, University of Missouri School of Law Legal Studies Research Paper No. 2008-19
Number of pages: 11 Posted: 29 May 2008
John Lande
University of Missouri School of Law
Downloads 151 (200,682)

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30.

Judging Judges and Dispute Resolution Processes

Nevada Law Journal, Vol. 7, p. 457, 2007, University of Missouri School of Law Legal Studies Research Paper No. 2008-02
Number of pages: 12 Posted: 17 Feb 2008 Last Revised: 23 Feb 2008
John Lande
University of Missouri School of Law
Downloads 141 (212,304)

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31.

Suggestions for Using Multi-Stage Simulations in Law School Courses

University of Missouri School of Law Legal Studies Research Paper No. 2013-08
Number of pages: 8 Posted: 20 Mar 2013 Last Revised: 29 Jul 2014
John Lande
University of Missouri School of Law
Downloads 132 (223,846)

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simulation, single-stage simulation, multi-stage simulation, teaching, learning, pedagogy, teaching method, negotiation, mediation

32.

Learning from ‘Cooperative’ Negotiators in Wisconsin

Dispute Resolution Magazine, Vol. 15, pp. 20-23, Winter 2009, University of Missouri School of Law Legal Studies Research Paper No. 2010-26
Number of pages: 5 Posted: 05 Dec 2010
John Lande
University of Missouri School of Law
Downloads 122 (237,611)

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Wisconsin, cooperative, negotiators, divorce

33.

Getting the Faith: Why Business Lawyers and Executives Believe in Mediation

5 HARV. NEGOT. L. REV. 137 (2000)
Number of pages: 96 Posted: 05 Feb 2015
John Lande
University of Missouri School of Law
Downloads 117 (245,117)
Citation 1

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mediation, business, commercial disputes, empirical research, institutionalization, routinization, process pluralism

34.

Lessons from Mediators’ Stories

34 Cardozo Law Review 2423 (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-04
Number of pages: 10 Posted: 16 Feb 2013 Last Revised: 03 Sep 2013
John Lande
University of Missouri School of Law
Downloads 112 (252,913)

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lawyer, mediator, interests, listening, mindset, assumptions, routine, apology, conflict

35.

Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding

2017 Journal of Dispute Resolution 1, University of Missouri School of Law Legal Studies Research Paper No. 2017-03
Number of pages: 16 Posted: 06 Feb 2017 Last Revised: 09 Aug 2017
John Lande
University of Missouri School of Law
Downloads 105 (264,600)

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negotiation, theory, research, empirical research, cognitive biases, fiction, arts, change

36.

Before You Take a Collaborative Law Case: What the Ethical Rules Say About Conflicts of Interest, Client Screening, and Informed Consent

Family Advocate, Vol. 33, p. 31, Fall 2010, University of Missouri School of Law Legal Studies Research Paper No. 2010-23
Number of pages: 6 Posted: 08 Oct 2010
John Lande and Forrest Steven Mosten
University of Missouri School of Law and UCLA School of Law
Downloads 101 (271,708)

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collaborative, conflicts, client, screening, informed, consent

37.

Practical Insights from an Empirical Study of Cooperative Lawyers in Wisconsin

Journal of Dispute Resolution, Vol. 2008, No. 1, p. 203, University of Missouri School of Law Legal Studies Research Paper No. 2008-20
Number of pages: 65 Posted: 03 Jun 2008
John Lande
University of Missouri School of Law
Downloads 100 (273,621)

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38.

An Appreciation of Marc Galanter's Scholarship

Law and Contemporary Problems, Vol. 71, p. 147, 2008, University of Missouri School of Law Legal Studies Research Paper No. 2010-01
Number of pages: 13 Posted: 07 Jan 2010
John Lande
University of Missouri School of Law
Downloads 98 (277,279)

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Galanter, private courts, scholarship

39.

The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process

Hofstra Law Review, Vol. 38, p. 611, 2009, University of Missouri School of Law Legal Studies Research Paper No. 2010-18
Number of pages: 24 Posted: 19 Aug 2010
Forrest Steven Mosten and John Lande
UCLA School of Law and University of Missouri School of Law
Downloads 94 (284,909)

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collaborative law, uniform collaborative, informed consent, consent, collaborative, dispute

40.

How Neutrals Can Provide Early Case Management of Construction Disputes

JAMS Global Construction Solutions, p. 6, Spring 2011, University of Missouri School of Law Legal Studies Research Paper No. 2011-13
Number of pages: 5 Posted: 31 May 2011
John Lande
University of Missouri School of Law
Downloads 90 (292,826)

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neutral, neutrals, case management, construction, negotiation, bundle, unbundle, prison of fear

41.

Taking Advantage of Opportunities in 'Litigotiation'

21 Dispute Resolution Magazine 40 (Summer 2015), University of Missouri School of Law Legal Studies Research Paper No. 2015-17
Number of pages: 8 Posted: 21 Aug 2015
John Lande
University of Missouri School of Law
Downloads 79 (317,188)

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negotiation, litigation, litigotiation, legal practice, dispute resolution, legal education, scholarship

42.

How Will Lawyering and Mediation Practices Transform Each Other?

24 FLA. ST. U. L. REV. 839 (1997)
Number of pages: 64 Posted: 05 Feb 2015
John Lande
University of Missouri School of Law
Downloads 78 (319,513)

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mediation, lawyering, litigation, practice culture, liti-mediation, quality, informed consent, decision-making, mediation style, mediation philosophy

43.

Overcoming Roadblocks to Reaching Settlement in Family Law Cases

40 Family Advocate 26 (Winter 2018), University of Missouri School of Law Legal Studies Research Paper No. 2018-09
Number of pages: 5 Posted: 23 Jan 2018
John Lande
University of Missouri School of Law
Downloads 70 (339,776)

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litigation, negotiation, settlement, family

44.

Family Lawyering with Planned Early Negotiation: How to Get Good Results for Clients and Make Money

FAM. ADVOC., Winter 2015, at 12, University of Missouri School of Law Legal Studies Research Paper No. 2015-03
Number of pages: 5 Posted: 05 Feb 2015
John Lande
University of Missouri School of Law
Downloads 69 (342,368)

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lawyering, planned early negotiation, negotiation, early case assessment, working relationships, listening, legal fees, income, billing

45.

Getting the Benefit of Planned Early Dispute Resolution in Construction Projects

34 Construction Law Letter 1 (Jan. / Feb. 2018); ISBN: 0-433-40930-4, University of Missouri School of Law Legal Studies Research Paper No. 2018-03
Number of pages: 5 Posted: 05 Jan 2018
John Lande
University of Missouri School of Law
Downloads 66 (350,527)

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planned early negotiation, planned early dispute resolution, negotiation, mediation

46.

Toward More Sophisticated Mediation Theory

2000 J. DISP. RESOL. 321
Number of pages: 14 Posted: 05 Feb 2015
John Lande
University of Missouri School of Law
Downloads 62 (362,107)
Citation 2

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mediation, mediation styles, mediation philosophy, mediation ideology, mediation theory, evaluative mediation, facilitative mediation, pluralism, orthodoxy

47.

Mediation Paradigms and Professional Identities

MEDIATION QUARTERLY, June 1984, at 19
Number of pages: 30 Posted: 05 Feb 2015
John Lande
University of Missouri School of Law
Downloads 55 (383,842)

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mediation, advocacy, adversary, lawyer-client relationships, ethical rule, ethical duty, negotiation, interest-based negotiation, dispute system design

48.

Wisconsin Lawyers Use 'Cooperative Practice' in Divorce Cases

University of Missouri School of Law Legal Studies Research Paper No. 2008-12
Number of pages: 7 Posted: 21 Apr 2008
John Lande
University of Missouri School of Law
Downloads 49 (403,915)

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49.

Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace

27 Law & Society Review 497 (1993), Univ. of Wisconsin Legal Studies Research Paper No. 1307
Number of pages: 39 Posted: 26 Sep 2014
Howard S. Erlanger, Lauren B. Edelman and John Lande
University of Wisconsin Law School, University of California, Berkeley - Jurisprudence & Social Policy Program and Center for the Study of Law and Society and University of Missouri School of Law
Downloads 48 (407,389)
Citation 2

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50.

Failing Faith in Litigation? A Survey of Business Lawyers' and Executives' Opinions

3 HARV. NEGOTIATION L. REV. 1 (1998)
Number of pages: 71 Posted: 05 Feb 2015
John Lande
University of Missouri School of Law
Downloads 43 (426,044)

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litigation, ADR, alternative dispute resolution, mediation, business, commercial disputes, lawyers, empirical research

51.

Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions

Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions (ABA 2020)
Number of pages: 16 Posted: 22 Jan 2020 Last Revised: 27 Jan 2020
Michaela Keet, Heather D. Heavin and John Lande
University of Saskatchewan College of Law, University of Saskatchewan and University of Missouri School of Law
Downloads 24 (520,478)

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litigation, risk, interests, negotiation, mediation, ethics, litigation expenses, intangible costs