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Advocate Magazine
Maximizing wrongful death and survivor damages at mediation

Maximizing wrongful death and survivor damages at mediation

Lawyers often conflate the different types of damages that are recoverable when a family member dies due to the negligence or fault of a third party

John K. (“Jake”) Courtney
Carter Courtney

From Issue: 2021 October

Herding cats

Successful multi-party mediations

Lee Jay Berman
Louise LaMothe

From Issue: 2021 September

Mediating the catastrophic injury

Mediating the catastrophic injury

An in-depth look at the key ADR issues and a valuable overview of the primary factors to be considered

Mayra Fornos

From Issue: 2021 September

Predictably irrational

Predictably irrational

What behavioral economics tells us about decision-making at mediation

Lars Johnson

From Issue: 2020 August

Common pitfalls and landmines in mediating employment claims

Common pitfalls and landmines in mediating employment claims

Complications presented by workers’ comp claims, SSDI and EDD claims, labor board claims and bankruptcy

Joseph M. Lovretovich
Jennifer A. Lipski

From Issue: 2019 August

Diversity among ADR professionals

Diversity among ADR professionals

Until the pool of neutrals reflects the population being served, diversity must be a consideration in the selection process

Melissa Blair Aliotti

From Issue: 2019 August

Mediating cases for children, the most delicate plaintiffs

Mediating cases for children, the most delicate plaintiffs

From appointment of a guardian to the structuring of the settlement agreement, a look at mediating the emotionally injured child’s case

Sanford Jossen

From Issue: 2021 September

Five things litigators must know before stepping into an arbitration

Five things litigators must know before stepping into an arbitration

A look at the differences between court trials and arbitration; arbitration is truly a “creature of contract”

Rebecca Callahan

From Issue: 2021 September

My mediation Top 10 list

My mediation Top 10 list

Perspectives from an advocate of 38 years, recently turned neutral

Gary N. Stern

From Issue: 2020 August

Mediating wildfire cases

Mediating wildfire cases

Understanding the personal-reason exception and other nuances of recovery for damages to real property

Lexi W. Myer

From Issue: 2020 August

The Ninth Circuit rules that <em>Dynamex</em> applies retroactively

The Ninth Circuit rules that Dynamex applies retroactively

Vazquez v. Jan-Pro could make it significantly more difficult for employers to misclassify workers as independent contractors

David Phillips

From Issue: 2019 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.)

From Issue: 2018 August

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