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Oct 14, 2024 | 
mediate.com | John Lande
Pioneering family mediator Michael Lang just released the second edition of his book, The Guide to Reflective Practice in Conflict Resolution. He provided an account of his development as a mediator as one of the Ten Real Mediation Systems. He is the co-director of the Reflective Practice Institute International. Michael’s book builds on Donald Schön’s classic work, The Reflective Practitioner. Michael writes that reflective practice is more than a set of methods and processes.
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Sep 30, 2024 | 
mediate.com | John Lande
As we know, American attorneys regularly represent clients in mediation. There’s a ton of theory about mediation generally but much less about mediation representation. I just posted an article, Theory and Practice of Mediation Representation, which presents a theoretical analysis based on Real Practice System Theory. The following graphic provides an overview, which the article elaborates.
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Sep 13, 2024 | 
mediate.com | John Lande
Why Law School Faculty Should Increase Instruction in Mediation RepresentationI’m a retired law professor who mediated and taught mediation for years. The main purpose of my article was to encourage law school faculty who teach mediation to increase their instruction about how attorneys can promote good decision-making by representing clients in mediation. About 90% of law school mediation instruction focuses on the neutral role, with relatively little instruction in mediation representation.
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Aug 27, 2024 | 
mediate.com | John Lande
What about Mom and apple pie? For or against? Most people take for granted that all these things are indisputably good (at least in theory) though we usually don’t think much about why. Not so with Andrew Mamo. He recently published Unsettling the Self: Rethinking Self-Determination in Mediation, which deeply analyzes the meaning of self-determination. Riffing on Andrew’s article, I wrote a 5-page piece, The Important Role of Attorneys in Promoting Parties’ Self-Determination in Mediation.
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Jul 15, 2024 | 
mediate.com | John Lande
Legal Studies Research Paper Series Research Paper No. 2024-22 It’s Time to Make Important Upgrades to Our Mediation Curriculum John Lande This paper can be downloaded without charge from the Social Sciences Research Network Electronic Paper Collection IntroductionHistorical Context A.
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Jun 6, 2024 | 
mediate.com | John Lande
Traditional mediation theories (such as facilitative, evaluative, and transformative mediation) are incomplete at best and misleading at worst, providing mystifying descriptions of what mediators actually do. They focus on only a few behaviors during mediation sessions. They don’t recognize the many variations of mediators, parties, and cases. Many mediators ignore these models because they are confusing or unhelpful.
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Apr 25, 2024 | 
lexology.com | John Lande
On April 23, the Federal Trade Commission (“FTC”) announced the text of its final rule that will ban most uses of non-compete agreements. Non-competes are agreements between an employer and individual that prevent the individual from taking employment in a similar industry within a certain geographic range for a defined period. The FTC rule aims to curtail use of these agreements, because of perceived overuse. The rule is broad, and applies to most non-competes for employees and senior executives.
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Feb 14, 2024 | 
mediate.com | John Lande
Helping You Do the Best Mediation You Can is Part 2 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. Part 1 describes a study of mediators at well-received educational programs to help them learn why they developed their particular practice systems and to encourage them to consciously improve them.
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Jan 25, 2024 | 
mediate.com | John Lande
The Real Practice System Menu of Mediation Checklists received many rave reviews. People said that they are “interesting,” “informative,” “so very useful,” “really helpful,” “great,” “excellent,” “wonderful,” “fantastic,” “invaluable,” “impressive,” “very thorough,” “brilliant,” and “utterly awesome” resources. “Just wow!”I identified numerous ways that the checklists could be used by practitioners, program administrators, and faculty, and I asked people to describe how they might use them.
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Sep 25, 2023 | 
mediate.com | John Lande
I bet you didn’t know that you need to train your mediator bot. This didn’t occur to me until I read this Washington Post article about biases in artificial intelligence (AI) apps. The article includes eight (!) references to bot training. In my post, Avatar Mediation, I speculated about a future market for mediation bots. Mediation is supposed to be unbiased. So we need to train our bots well. The first part of this post discusses the nature and causes of bot biases.
