Advocate Aug18 cvr ezine

Articles in this issue:

A diplomatic approach towards mediation

Diplomacy in mediation should not be seen as a substitute for, or competing with, the traditional styles of evaluative or facilitative mediation


Mediation advocacy

Mediation involves a financial investment decision rather than a legal decision. Ancient Socratic skills with a modern understanding of behavioral economics and investment decision analysis are useful to the process


Cognitive biases in mediation

What lawyers must know about biases in order to optimize mediation outcomes


Mediation confidentiality and legal malpractice matters

The state of the law since [case]Cassel[/case] and a proposal for change


The five major “do not do’s” for maximum value settlements

The steps you take before referring the case to a trial law firm can make all the difference in settlement value


Arbitrating employment claims

Don’t just turn and run from an arbitration clause; some can be used to your advantage


Tips for mediating #MeToo cases

Learn and embrace HerStory, let her show you by reenactment exactly what happened


The mechanic

The anatomy of a mediation


PAGA: The good, the bad, and the uncertain

A path around arbitration agreements and class-action waivers in employment law? Factors to consider in valuing and settling PAGA actions


The warrior’s arsenal

A modest proposal regarding the continued usefulness of confidential settlement agreements for sexual-harassment cases in a post-Weinstein era




Uprooting the decision tree

Neuroscience meets mathematics in mediation: If they told you lawyers don’t need math, they lied!


Do you have a settlement Brain Trust?

From the settlement consultant (broker) to the estate attorney, CPA and financial advisor, clients receiving a large settlement can require a real team to manage it for a lifetime


Motion for nonsuit

License to kill in arbitration?


Attorney bias in mediation

An adversarial, “must win” attitude is a mediation killer and usually results from confirmation bias on the part of the attorney


The science of negotiation

Follow, if you will, the mediation of a sexual harrassment claim to learn the basic principles of negotiation


The Art of Storytelling

Movies, mutinies, trial lawyers and CAALA Vegas


Take full advantage of the CAALA convention – and connect

An incredible opportunity to network and connect


We can all spread some kindness

Can you find something generous to do today?