2018 August

Advocate Aug18 cvr ezine

Articles in this issue:
A diplomatic approach towards mediation

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

Mitchell M. Tarighati

2018 August




The Art of Storytelling

Movies, mutinies, trial lawyers and CAALA Vegas

Stuart Zanville

2018 August


The science of negotiation

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

Jan Frankel Schau

2018 August


Attorney bias in mediation

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

Charles G. “Skip” Rubin (Ret.)

2018 August



Do you have a settlement Brain Trust?

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

Traci Kaas

2018 August


Uprooting the decision tree

Uprooting the decision tree

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

Barbara A. Reeves

2018 August



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

Howard B. Miller

2018 August


The warrior’s arsenal

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

Jason L. Oliver

2018 August


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

Paul Haines
Tuvia Korobkin

2018 August


The mechanic

The anatomy of a mediation

Rob Bennett

2018 August


Tips for mediating #MeToo cases

Tips for mediating #MeToo cases

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

Genie Harrison

2018 August


Arbitrating employment claims

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

Joseph M. Lovretovich
Andrew S. Pletcher

2018 August


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

Laura F. Sedrish

2018 August


Mediation confidentiality and legal malpractice matters

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

Samuel D. Almon
Ron W. Makarem

2018 August


Cognitive biases in mediation

Cognitive biases in mediation

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

Stacie Feldman Hausner

2018 August


We can all spread some kindness

Can you find something generous to do today?

Geraldine Ly

2018 August

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