Mediation

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

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

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

From Issue: 2018 August

Cognitive biases in mediation

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

Stacie Feldman Hausner

From Issue: 2018 August

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

Rachel Ehrlich

From Issue: 2017 August

Tips, tactics and timing for mediation

A former plaintiff’s attorney and long-time mediator looks at why mediation is most often the best path forward

Sanford Gage

From Issue: 2018 June

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

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

Uprooting the decision tree

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

Barbara A. Reeves

From Issue: 2018 August

Mediating maritime matters

Passengers injured on a cruise must file suit in a specific jurisdiction, but their cases can be mediated anywhere

Sanford Gage

From Issue: 2018 February

Watch your language!

The case for a different way of communication in mediation

Jan Frankel Schau

From Issue: 2019 August

Tips for mediating #MeToo cases

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

Genie Harrison

From Issue: 2018 August

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