Advocate Aug17 cvr ezine

Articles in this issue:

CAALA VEGAS

A tremendous learning experience


Managing anger in mediation

Anger causes inefficiencies in the process and can result in no deal being reached


Appellate Reports

Cal Supreme Court says discovery in PAGA actions is governed by normal standards of civil litigation; supports broad view of the right to discovery in all civil cases


Ending cases: Risk analysis and client duties

Quality risk analysis can produce dignified case resolutions in which the litigants are able to exercise far greater control


If you can’t beat the system, join it

Who settled that case? Applying the analysis of systems theory to mediation begets “limitless possibilities”


Bracketing 101

Is bracketed negotiation more trouble than it’s worth, or is it a valuable tool for settlement?


The 12 fastest ways to ensure a bad result in mediation

Follow these rules and you’ll be more likely to fail in mediation


Overcoming bias in mediation

Understanding and identifying the unconcious biases of mediation participants


Rethinking mediation with behavioral-science data

Using behavioral-science data rather than wishful thinking to make mediation more productive


The room where it happens

Commentary by a former “In House” defense counsel


Tax considerations in settling the case at mediation

Allocation of settlement proceeds and the tax consequences must be understood when negotiated with institutional defendants


How to better evaluate and negotiate a neck and back injury case

An anatomical review of the spine and how to use that knowledge effectively in negotiation


Believe it or not: It happened in mediation

A glimpse of the wild, the unpredictable, and the utterly preposterous things that have happened in real mediations


Your own mediation-confidentiality agreement

Mediation confidentiality is not an absolute, so you need a strategy and possibly your own agreement to avoid later problems


Mediating employment cases when insurance is in play

Concepts and principles of Employment Practices Liability Insurance (EPLI) and their effect on mediation


Mise-En-Place

Preparing for mediation in disability insurance bad-faith cases


How third-party funders change the chemistry of settlements

How the addition of a third-party litigation funder affects both parties’ decision-making at mediation


Alternative Dispute Resolution

In mediation, we strive to foster a safe forum


CAALA VEGAS

Bigger and Better, since 1983


The Minecraft Compromise: Finding new ways to get what you want

“If you always do what you’ve always done, you’ll always get what you’ve always got.” ― Henry Ford