Elizabeth Bader

Elizabeth Bader

Elizabeth E. Bader’s mediation practice has included the successful resolution of multi-party, high-dollar-value, mass-tort-related litigation. The founding chair of an ABA committee on the psychology of conflict resolution, Elizabeth is also the first person to identify and describe the IDR cycle, the cycle of self-inflation, deflation and realistic resolution typically experienced by parties in negotiation and mediation. See Bader, The Psychology of Mediation: Issues of Self and Identity and the IDR Cycle, 10 Pepp. Disp. Resol. L.J. 183 (2010); review copy available on request.

Elizabeth is also a presenter of programs on topics such as Self, Identity and the IDR Cycle and the psychological underpinnings of negotiation impasse. A long-time reflective practitioner, Elizabeth also conducts groups for conflict resolution professionals that emphasize self-reflective practices and psychological literacy.

Prior to becoming a mediator, Elizabeth was an appellate lawyer who argued before the California Supreme Court, the Ninth Circuit and many other courts. She also represented medical professionals in appeals arising from peer review proceedings. A widely published author on mediation confidentiality, Elizabeth also maintains a webpage that includes the full legislative history of the California mediation confidentiality statutes with the permission of the California Law Revision Commission. In a recent California Supreme Court case she filed an amicus brief that helped shape confidentiality law in California. See Rojas v. Superior Court (2004) 33 Cal. 4th 407, 418, fn. 7 (mentioning Elizabeth by name).

Contact Elizabeth Bader

Website: elizabethbader.com

Articles and Video:

The Psychology and Neurobiology of Mediation (08/11/17)
From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.

The Psychology of Mediation (II): The IDR Cycle, A New Model For Understanding Mediation (11/29/10)
This is the second article in a series based on Elizabeth Bader’s article, “The Psychology of Mediation: Issues of Self and Identity and the IDR Cycle,” 10 PEPP. DISP. RESOL. L. J. 183 (2010).

The Psychology Of Mediation, Part I: The Mediator’s Issues Of Self And Identity (01/18/10)
The following article is excerpted from Elizabeth Bader’s forthcoming article in the Pepperdine Dispute Resolution Law Journal. The IDR cycle is the cycle of inflation, deflation and realistic resolution that typically occurs in negotiation and mediation.

Confidentiality in Collaborative Cases After Thottam (06/08/09)
The recent case of Estate of Thottam (2008) 165 Cal.App.4th 1331, 81 Cal.Rptr. 856, has many mediators and collaborative practitioners worried about confidentiality in California. In Thottam, the Court of Appeal found that a mediator’s confidentiality agreement could reasonably be interpreted as a waiver of confidentiality and opened up a complex probate case to potentially expensive litigation.