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Elizabeth
E. Bader, Esq.
Bader Conflict Resolution Services
Serving San Francisco and the Greater Bay Area
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List of Elizabeth Bader's Publications |
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Publications on Mediation |
| Date |
Publication |
Description |
| 2010 |
“The Psychology of Mediation: Issues of Self and Identity in Mediation and the IDR Cycle,”10 Pepperdine Dispute Resolution Law Journal 183 (2010).
Elizabeth's article is now in final form. Contact Elizabeth by email at elizabeth@elizabethbader.com if you wish to review a copy of this article. For a note from Elizabeth, press here.
This article is also excerpted in part in Bader, The Psychology of Mediation, Part I: The Mediator's Issues of Self and Identity, on mediate.com. To view this article, press here.
For an abstract of the full article: http://ssrn.com/abstract=1086223
For information about an upcoming MCLE program discussing the article, press here.
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The first article to identify the psychological pattern of inflation (overconfidence), deflation and realistic resolution that typically occurs in mediation and negotiation.
Issues of identity such as the need to "save face" during mediation examined by drawing from psychoanalysis, neuroscience and other viewpoints.
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| 2009 |
Confidentiality in Collaborative Cases After Estate of Thottam, " http://www.mediate.com/articles/badere1.cfm
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Mediation confidentiality analyzed.
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| 2005 |
“Mediation
Confidentiality,” Chapter 7 in:
"A Litigator’s Guide to Effective
Use of ADR in California (Continuing Education
of the Bar, 2005).
Press here for Table of Contents. Available from www.ceb.com.
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California law on mediation confidentiality analyzed. Also includes a brief discussion of federal law and tips for litigators.
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| 2004 |
“Mediation Confidentiality: What Litigators Need to Know After Rojas v. Superior Court,” 26(5) Cal. Civ. Litig. Rep., Oct. 2004, 189-194.
Press here to view a copy of this article. Reproduced with permission from CEB. |
Analyzes the impact of the California Supreme Court’s Rojas v. Superior Court (2004) 33 Cal.4th 407, on mediation practice. |
| 2004 |
Rojas v. Superior Court, 26(15) Ins. Litig. Rep., Sept.10, 2004, p. 536
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Mediation
confidentiality for insurance coverage
litigators, with discussion of causation
standard. |
| 2004 |
“Defects
in Construction: Will California's Mediation
Confidentiality Statutes Still Remain
Standing after Rojas v. Superior Court?”
14(3) Cal. Construction L. Rep., 2004, 97-103 |
Mediation
confidentiality for construction defect
litigators. |
| 2004 |
“Confidentiality
in Insurance Coverage Mediation: Will
It Survive Rojas v. Superior Court?,” 26(2) Ins. Litig. Rep., Feb. 2004, 37-51.
Press here for a copy of this article. |
Predicts the Rojas case, and analyzes mediation confidentiality issues relating to insurance.
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| 2003 |
“Using
Hard Facts to Clarify Good Law: A Principled
Approach to Rojas v. Superior Court and
the Interpretation of California’s
Mediation Confidentiality Statutes (Evid.
Code §§ 1115 et seq.)," XXIV (10) California Tort Rep., Nov. – Dec. 2003, pp. 343-363.
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Article on Rojas v. Superior Court which closely predicts the California Supreme Court’s later opinion. |
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Publications on Insurance |
| 2004 |
“Confidentiality in Insurance Coverage Mediation: Will It Survive Rojas v. Superior Court?,” Ins. Litig. Rep., 26(2), Feb. 2004, pp. 37-51.
Press here for a copy of this article. |
Mediation
confidentiality article with emphasis
on insurance mediation. Predicts reasoning
and decision in Rojas v. Superior Court.
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| 1989 |
"Strategies for Defeating and Defending the 1973 Pollution Exclusion," 11(3) Ins. Litig. Rep., March 1989, 75 - 87.
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Decisions
on the pollution exclusion throughout
the country are analyzed.
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| 1987 |
"Automobile Insurance," Chapter 50 in: California Insurance Law & Practice (Matthew Bender 1987). Updated by publisher. |
Chapter
on automobile insurance in treatise. |
| 1985 |
"California Insurer's Duty to Defend: How Far Does It Extend?," 1985, 52 Ins. Counsel J. 252.
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The
duty to defend. Cited by the Court of
Appeal in Garvey v. State Farm (1986)
191 Cal.App.3d 1248, 1255 fn. 6. The
California Supreme Court later granted
review in Garvey and issued the important
opinion in Garvey v. State Farm (1989)
48 Cal.3d 395. |
Publications on Civil Litigation & Procedure/Anti-SLAPP Statute |
| 2003 |
“Appeal From Superior Court Judgment,” Chapter 14 in: California Administrative Mandamus (Continuing Education of the Bar, 2003). |
California appellate procedure for litigators of administrative mandamus actions.
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| 1991 |
“California’s Powerful Anti-SLAPP Statute: Litigating After Briggs v. Eden Council for Hope & Opportunity” (May 1999) 21(3) CEB Civil Litig. Rep., (1991) 1, 82-87. With Mark Goldowitz.
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Discussion
of Briggs v. Eden Council
for Hope & Opportunity (1999) 19 Cal.4th 1106.
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1994-
2001 |
California Administrative Mandamus, Updates. (Continuing Education of the Bar Updates, 1994-2001). |
Law
of administrative mandamus (a form of
appeal to the superior court used to challenge decisions in hospital peer review proceedings and other administrative proceedings). |
| 1989 |
"Homeless
Odyssey," California
Lawyer, October 1989. |
A
short story by Elizabeth on
her work with the homeless. |
| 1979 |
Traumatic
Medicine &
Surgery for
the Attorney,
1979. Executive
Editor. (Matthew
Bender &
Co., 1979.) |
A
treatise for lawyers
on medicine.
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| 1979 |
In
Matthew Bender's
Gray's Attorneys'
Textbook of Medicine
and Courtroom
Medicine:
Editor/writer
on medicine.
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Same.
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For more information about
Elizabeth, press here.
To contact Elizabeth, press here.
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