Professor John Lande

A thought-provoking book about alternative dispute resolution was recently made available for download online. 

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By John Lande Part I described the “prison of fear” that keeps many lawyers and parties from negotiating early in a dispute. This Part describes how lawyers can initiate and conduct a “planned early negotiation” or “PEN.” Lawyers should routinely do an “early case assessment” to analyze what procedure would be most appropriate. In some cases, it is clear from the outset that the parties need to engage in all-out adversarial litigation. But in mos

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By John Lande In an all-too-common pattern in litigation, settlement comes only after the lawyers engage in adversarial posturing, the original conflict escalates, and the parties’ relationship deteriorates. It costs a lot, takes a long time, and none of the parties is happy with the settlement. Almost any disagreement can escalate the conflict and divert energy from the tasks needed to resolve disputes efficiently. Although some lawyers enjoy th

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