John Lande discussing Litigation as Violence

John Lande has posted a very thought provoking piece on his blog ‘Indisputably’, discussing a journal article by Professor Vincent Cardi from West Virginia University.   The article is entitled “Litigation as Violence”

Lande in his post brings in many of the themes that preoccupy those of us at the ADR Research network –  the importance of empirical research around litigation and dispute resolution, as well as themes of legal education in dispute resolution, litigant stress, and impact on the wellbeing of the legal profession.

Both the post and the article are well worth reading for legal educators, ADR practitioners and lawyers alike.

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One thought on “John Lande discussing Litigation as Violence

  1. Thank you for sharing these very interesting and thought provoking readings, Lisa. I am particularly taken with the suggestion in Cardi’s article that lawyers could mirror the surgeon’s obligation to fully inform prospective patients about the risks of the procedure into which they are about to embark. That might be a useful model to use when preparing law students for the task of supporting clients to decide whether litigation is the process option that is right for them. Of course, the “fully informed” obligation should apply to all dispute resolution options that would be suitable to the client’s problem and circumstances. This material is equally relevant to Dispute Resolution and Litigation oriented subjects. I will certainly be using it as a conversation starter in my Civil Procedure unit.

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