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:
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.
The newly published Singapore International Dispute Resolution Academy (SIDRA) International Dispute Resolution Survey: 2020 Final Report comments on the issue of standards in international mediation. Article 5(1)(e) of the Singapore...By Daniel Rainey
This video is presented as part of Mediate.com's 25th Anniversary Conference at www.mediate.com/Mediation2020. Join Chip Rose and Don Saposnek for their tongue-in-check infomercial for Resolve-O-Matic. Hear about all of the...By Chip Rose, Donald T. Saposnek, Ph.D