John Lande

University of Missouri School of Law

Isidor Loeb Professor Emeritus

Hulston Hall

Columbia, MO 65211

United States

SCHOLARLY PAPERS

73

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19,402

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Top 14,905

in Total Papers Citations

24

CROSSREF CITATIONS

64

Scholarly Papers (73)

1.

Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement

University of Missouri School of Law Legal Studies Research Paper No. 2020-03, Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement, John Lande, ed., 2020
Number of pages: 290 Posted: 06 Feb 2020 Last Revised: 26 Aug 2020
John Lande
University of Missouri School of Law
Downloads 1,363 (24,553)

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dispute resolution, negotiation, mediation, arbitration, technology, legal education, legal practice, training, professional development, research, scholarship

2.

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 1,066 (35,067)

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

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 1,051 (35,790)

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

4.

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 1,007 (38,040)

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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

5.

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

50 UCLA Law Review 69 (2002).
Number of pages: 74 Posted: 05 Feb 2003 Last Revised: 22 Nov 2021
John Lande
University of Missouri School of Law
Downloads 675 (65,562)
Citation 11

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

6.

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
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, Independent since 2018; Retired, Regent University - School of LawHarvard Law School Program on Biblical Law and Christian Legal Studies, 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, St. Mary's School of Law, University of Tennessee College of Law, University of California, Berkeley - School of Law, Yeshiva University - Benjamin N. Cardozo School of Law, 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 598 (76,529)
Citation 1

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

7.

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 590 (77,673)

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negotiation, theory

8.

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
Yeshiva University - Benjamin N. Cardozo School of Law, Creighton University Heider College of Business, University of Massachusetts Boston and University of Missouri School of Law
Downloads 542 (86,521)
Citation 1

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negotiation, definition, power, interests, teaching, ADR

9.

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 424 (115,915)

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

10.

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 413 (119,509)
Citation 1

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

11.

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 400 (124,051)
Citation 1

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

12.

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 398 (125,127)

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13.

How You Can Solve Tough Problems in Mediation

29 Michigan Dispute Resolution Journal, Issue 2, 11 (Fall 2021)., University of Missouri School of Law Legal Studies Research Paper No. 2021-28
Number of pages: 7 Posted: 08 Nov 2021
John Lande
University of Missouri School of Law
Downloads 372 (134,684)

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litigation, mediation, preparation, expectations, risk, risk assessment, emotions, communication, multiple mediation sessions, video, online dispute resolution, ODR, decision analysis, decision trees, positional negotiation, counteroffer, litigation stress, intangible interests, organizational inter

14.

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 370 (135,880)

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collaborative, research, empirical, practice groups, legal practice

15.

The Critical Importance of Pre-Session Preparation in Mediation

University of Missouri School of Law Legal Studies Research Paper No. 2022-15
Number of pages: 6 Posted: 19 Dec 2022 Last Revised: 23 Dec 2022
John Lande
University of Missouri School of Law
Downloads 358 (140,522)

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mediation, pre-session activity, preparation

16.

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).
Number of pages: 70 Posted: 08 Feb 2004 Last Revised: 06 Nov 2021
John Lande
University of Missouri School of Law
Downloads 356 (141,383)

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

17.

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 337 (149,989)

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

18.

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 329 (153,805)

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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

19.

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
University of Saskatchewan College of Law, University of Saskatchewan and University of Missouri School of Law
Downloads 316 (160,619)

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

20.

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 314 (161,695)

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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

21.

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 313 (162,208)

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

22.

Real Mediation Systems to Help Parties and Mediators Achieve Their Goals

24 Cardozo Journal of Conflict Resolution 347 (2023), University of Missouri School of Law Legal Studies Research Paper No. 2022-14
Number of pages: 42 Posted: 19 Dec 2022 Last Revised: 05 May 2023
John Lande
University of Missouri School of Law
Downloads 303 (168,470)

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mediation, mediation theory, facilitative mediation, evaluative mediation, dispute system design

23.

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 296 (172,047)

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mediation, mediations, dispute resolution

24.

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 294 (173,277)
Citation 2

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

25.

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 284 (179,658)

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opposing counsel, clients, lawyering, working relationships

26.

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 283 (180,349)
Citation 3

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

27.

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 253 (201,728)

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negotiation, theory, empirical research, course assignments

28.

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
Yeshiva University - Benjamin N. Cardozo School of Law, Pace Law School and University of Missouri School of Law
Downloads 241 (211,487)

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

29.

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 240 (212,378)

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

30.

Introversion, the Legal Profession, and Dispute Resolution

University of Missouri School of Law Legal Studies Research Paper No. 2022-07
Number of pages: 12 Posted: 02 Jun 2022 Last Revised: 07 Jun 2022
John Lande
University of Missouri School of Law
Downloads 227 (224,244)

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introvert, introversion, extroversion, communication, conflict, psychology, trait, extrovert ideal, social norm, social bias, groupthink, brainstorming, stimulation, law student, legal education, Socratic method

31.

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 222 (228,969)

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

32.

The Role of Law in Legal Disputes

University of Missouri School of Law Legal Studies Research Paper No. 2021-14
Number of pages: 5 Posted: 10 Aug 2021 Last Revised: 13 Aug 2021
John Lande
University of Missouri School of Law
Downloads 205 (246,480)

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law, negotiation, mediation, collaborative law, collaborative practice, positional negotiation, ordinary legal negotiation, shadow of the law, BATNA, bottom line, reservation point, fairness, positions, interests, intangible costs, court outcomes, Holmes definition of law

33.

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), U. of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-16
Number of pages: 41 Posted: 16 Jun 2006 Last Revised: 06 Nov 2021
John Lande
University of Missouri School of Law
Downloads 204 (247,589)

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

34.

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
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 200 (252,244)

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

35.

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 194 (259,105)
Citation 1

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

36.

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 190 (264,053)

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dispute resolution, dispute systems

37.

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 189 (265,389)

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

38.

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 168 (294,065)

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39.

The Importance of Really Listening – For Ourselves, Others, and Democracy

University of Missouri School of Law Legal Studies Research Paper No. 2023-03
Number of pages: 6 Posted: 12 Apr 2023
John Lande
University of Missouri School of Law
Downloads 155 (316,480)

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speech, freedom of speech, listening, error, fallibility, humility, democracy

40.

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 154 (316,480)

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41.

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 149 (325,196)

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Wisconsin, cooperative, negotiators, divorce

42.

The Deplorable Vanishing of Fox's Trial

University of Missouri School of Law Legal Studies Research Paper No. 2023-06
Number of pages: 4 Posted: 24 Apr 2023 Last Revised: 29 Apr 2023
John Lande
University of Missouri School of Law
Downloads 138 (345,606)

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accountability, responsibility, settlement, trial, vanishing trial, corruption, cost of doing business, settlement pressure, public interest

43.

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 138 (345,606)

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

44.

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 134 (353,566)

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

45.

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 134 (353,566)

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

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 128 (365,963)
Citation 2

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

47.

How Will Lawyering and Mediation Practices Transform Each Other?

24 FLA. ST. U. L. REV. 839 (1997)
Number of pages: 63 Posted: 05 Feb 2015 Last Revised: 17 Mar 2021
John Lande
University of Missouri School of Law
Downloads 125 (372,583)

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

48.

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 124 (374,774)

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collaborative, conflicts, client, screening, informed, consent

49.

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 124 (374,774)

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50.

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 116 (393,480)

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

51.

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 116 (393,480)

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Galanter, private courts, scholarship

52.

Charting a Middle Course for Court-Connected Mediation

2022 Journal of Dispute Resolution 63, University of Missouri School of Law Legal Studies Research Paper No. 2021-12.
Number of pages: 21 Posted: 06 Jul 2021 Last Revised: 23 Jun 2023
John Lande
University of Missouri School of Law
Downloads 115 (396,012)
Citation 1

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mediation, court-connected mediation, mandatory mediation, voluntary, self-determination, timing, confidentiality, good faith, regulation, dispute system design, stakeholders, liti-mediation

53.

Slices of Conflict in Life

University of Missouri School of Law Legal Studies Research Paper No. 2022-10
Number of pages: 12 Posted: 05 Oct 2022
John Lande
University of Missouri School of Law
Downloads 112 (406,334)

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perceived injurious experience, injury, claim, grievance, dispute, conflict, lawyers, lawsuits, normal life

54.

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 112 (403,715)

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

55.

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 107 (417,174)

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

56.

Courts Should Make Mediations Good Samaritans Not Frankensteins

University of Missouri School of Law Legal Studies Research Paper No. 2021-09
Number of pages: 8 Posted: 10 May 2021
John Lande
University of Missouri School of Law
Downloads 105 (422,749)

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mandatory mediation, coercion, dispute system design, policy goal

57.

Tales of Five Women

University of Missouri School of Law Legal Studies Research Paper No. 2023-02
Number of pages: 8 Posted: 21 Mar 2023
John Lande
University of Missouri School of Law
Downloads 96 (452,584)

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grievance, claim, dispute, perceived injurious experience, conflict, strategy, tactic, Naming Blaming and Claiming

58.

Survey of Early Dispute Resolution Movements and Possible Next Steps

University of Missouri School of Law Legal Studies Research Paper No. 2021-06
Number of pages: 23 Posted: 22 Apr 2021
John Lande
University of Missouri School of Law
Downloads 94 (455,618)

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early dispute resolution, collaborative practice, cooperative practice, lawyering with planned early negotiation, early case assessment, litigation interest and risk assessment, early mediation, planned early dispute resolution, dispute prevention, partnering, dispute review board, standing neutral,

59.

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 93 (458,844)

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litigation, negotiation, settlement, family

60.

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 90 (468,334)

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

61.

Think DSD, Not ADR

16 New York Dispute Resolution Lawyer 14 (Spring 2023) Reprinted with permission from the New York State Bar Association © 2023 , University of Missouri School of Law Legal Studies Research Paper No. 2023-04
Number of pages: 4 Posted: 13 Apr 2023
John Lande
University of Missouri School of Law
Downloads 89 (474,999)

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alternative dispute resolution, ADR, dispute system design, DSD, litigation, lawyers, judges, paradigm shift

62.

Reconciling Allegedly Alternative Mediation Models by Using DIY Models

University of Missouri School of Law Legal Studies Research Paper No. 2021-12
Number of pages: 4 Posted: 16 Jun 2021
John Lande
University of Missouri School of Law
Downloads 85 (485,306)

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mediation, psychology, practice, practical techniques, goals, priorities, reflective practice, thinking fast and slow, heuristics, rule of thumb, mental mapping

63.

Takeaways From 'How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?'

University of Missouri School of Law Legal Studies Research Paper No. 2023-10
Number of pages: 13 Posted: 28 Jul 2023
John Lande
University of Missouri School of Law
Downloads 84 (488,810)

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mediation, court-connected mediation, preparation, dispute system design, real practice systems, federal courts

64.

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
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 83 (492,192)
Citation 6

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65.

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 81 (499,464)

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

66.

The Deplorable Vanishing of Fox’s Trial - Part 2

University of Missouri School of Law Legal Studies Research Paper No. 2023-08
Number of pages: 3 Posted: 02 May 2023
John Lande
University of Missouri School of Law
Downloads 78 (510,589)

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culture of legal denial, why the haves come out ahead, public interest, legitimacy, democratic system, elections

67.

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 65 (564,361)

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68.

The Dispute Resolution Movement Needs Good Theories of Change

2020 Journal of Dispute Resolution 121, University of Missouri School of Law Legal Studies Research Paper No. 2021-08
Number of pages: 15 Posted: 10 May 2021
John Lande
University of Missouri School of Law
Downloads 61 (582,409)

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dispute resolution, theory of change, change process, trend, innovation, goal, strategy, resource, barrier, assumption, evaluation, measurement, legal education

69.

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

70.

Canaries in the Litigation Coal Mine

University of Missouri School of Law Legal Studies Research Paper No. 2021-16
Number of pages: 5 Posted: 16 Aug 2021
John Lande
University of Missouri School of Law
Downloads 53 (622,495)

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litigation, negotiation, trauma, litigation risk, risk assessment, litigation interest and risk assessment, collaborative practice

71.

Bush’s and Lande’s Differing Perspectives of Mediation Theory

University of Missouri School of Law Legal Studies Research Paper No. 2023-09
Number of pages: 4 Posted: 10 May 2023
John Lande
University of Missouri School of Law
Downloads 30 (777,956)

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mediation, theory, models, dispute system design, facilitative mediation, evaluative mediation, transformative mediation, real practice system, teaching, training, practice, preparation

72.

How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?

Journal of Dispute Resolution (forthcoming 2024). University of Missouri School of Law Legal Studies Research Paper No. 2023-11.
Number of pages: 54 Posted: 28 Jul 2023 Last Revised: 06 Sep 2023
John Lande
University of Missouri School of Law
Downloads 16 (901,293)

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mediation, court-connected mediation, preparation, dispute system design, real practice systems, federal courts, technology

73.

Ten Real Mediation Systems

University of Missouri School of Law Legal Studies Research Paper No. 2022-11
Number of pages: 8 Posted: 08 Nov 2022
John Lande
University of Missouri School of Law
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mediation, mediation theory, dispute system design