Find Mediators Near You:

The Role of Law in Legal Disputes

Indisputably

Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases.

In real life, practitioners generally think of law in terms of Oliver Wendell Holmes’s famous definition:  “prophecies of what the courts will do in fact.”

Of course, legal rules affect these prophecies, but they are only one factor, sometimes overshadowed by other factors.  Lawyers know that court decisions may be affected by many factors such as the personalities of parties, lawyers, and witnesses; availability of persuasive evidence; and attitudes of judges and juries.

I recently wrote this short article analyzing how practitioners and parties can use the law in various dispute resolution processes, including:

  • Critical standard in assessing possible agreements
  • One standard of fairness
  • Society’s default standard of fairness
  • Presumptive standard for decision
  • Decisive standard
  • No standard

The post suggests how lawyers and mediators can use the law to help their clients in real life, which could be an eye-opener for your students.

Take a look.

                        author

John Lande

John Lande is the Isidor Loeb Professor Emeritus at the University of Missouri School of Law and former director of its LLM Program in Dispute Resolution.  He received his J.D. from Hastings College of Law and Ph.D in sociology from the University of Wisconsin-Madison.  He began mediating professionally in 1982 in California.… MORE >

Featured Mediators

ad
View all

Read these next

Category

Conflict Management Lessons from the Djokovic–Kyrgios ‘Bromance’

Novak won over Nick, the person, before winning over Nick, the tennis player – and he did it in his own unconventional way!  In 2021, Nick Kyrgios called Novak Djokovic...

By Jonathan Rodrigues
Category

McAdoo, Barbara: Seeing Litigation as Wrong Path in Many Cases – Video

Barbara McAdoo speaks of her experience with litigation and feeling like the clients were not addressing the problem in the right way. She felt they could have communicated more openly...

By Barbara McAdoo
Category

Take this Idea, Pls: Wrap up the ‘Sandwich Generation’

34 million people in this country are getting squeezed- and we can help. Called the 'sandwich generation', these folks wrestle with the huge task of caring for both their children...

By Dina Beach Lynch
×