A lawyer, mediator, conflict resolution coach and teacher, Elizabeth Bader holds a certificate awarded after more than 200 hours of training on trauma. She attempts to reduce the stress parties in conflict experience by emphasizing respect and compassion but also realism and objectivity.
Elizabeth has successfully mediated a variety of cases, including multi-party litigation with national implications. Over the course of her 30-year career as a lawyer, she litigated cases before the California Supreme Court, the Ninth Circuit and many other courts. She understands the way the legal system works --- and doesn’t work. This can be important in many cases. Her name appears on approximately 15 precedent-setting opinions.
Elizabeth is widely known, both here and abroad, for her award-winning insights into the psychology of conflict resolution. She has been a presenter/trainer for many bar associations and legal groups, and for therapist groups as well. In Europe, her work is used to help train the trainers of intercultural mediators.
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Articles and Video:
The Psychology and Neurobiology of Mediation
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
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
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
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.