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Advocate Magazine

If you can’t beat the system, join it

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

Howard Shernoff

From Issue: 2017 August

Getting the most out of a pre-mediation conference

Mediation has become a linchpin in an attorney’s arsenal, and a pre-mediation conference has become essential in a mediator’s toolbox

Jeanne Behling

From Issue: 2024 September

Evidence Code mediation rules

Know the official rules for mediation and keep yourself out of avoidable predicaments

Rita Miller

From Issue: 2024 September

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

James Kamanski

From Issue: 2017 August

Emotions, anger, neuroscience and the opening demand in mediation

Why some mediations fail right from the beginning as the parties retreat to their corners and never emerge

Barbara A. Reeves

From Issue: 2019 August

Effective probate mediations

A probate court’s order to private mediation can include nonparties to the litigation

Marc P. Grismer

From Issue: 2025 September

Hunting for deception in mediation

Winning cases by understanding body language

Jeffrey Krivis
Mariam Zadeh

From Issue: 2006 May

Fresh insights

The mediation of sexual-harassment and abuse cases; which cases should be mediated and how that mediation should proceed

Jan Frankel Schau

From Issue: 2020 April

Enforceable, written mediation-settlement agreements

Enforceable, written mediation-settlement agreements

An exception to mediation confidentiality

Michael S. Fields

From Issue: 2025 September

Employment Practices Liability Insurance (EPLI) and mediation

When EPLI is present, what was a two-party case has become a multi-party case and the dynamics have changed

Lynne S. Bassis

From Issue: 2019 August

Eight best-practices for mediating single-plaintiff wage-and-hour claims

Eight best-practices for mediating single-plaintiff wage-and-hour claims

Because wage-and-hour damages can be calculated more precisely, the parties may not be as far apart in their settlement valuations

Polina Bernstein

From Issue: 2023 July

Effective appellate mediation

Effective appellate mediation

A closer look at the mediation of a defense appeal from a money judgment

Herb Fox

From Issue: 2021 December

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