For more on Elizabeth’s publications, see her resumé.
Elizabeth Bader has written a number of award-winning articles. For a list of her academic articles, and articles for the legal profession, please return to this page from a desktop computer. Due to the abundance of links and documents, the information can only be accessed in the desktop format.
For more on Elizabeth’s publications, you may also go to her resumé.
Lawyering as a Spiritual Path: The Importance of Balance and Reflection, in: Be The Best Lawyer, You Can Be A Lawyer’s Guide to Physical, Mental, Emotional and Spiritual Wellness (Editor: Stewart Levine, American Bar Association, forthcoming).
Lawyers routinely deal with conflict and, sometimes, the worst in human beings. This is a spiritual, existential and practical problem, discussed here in detail.
Award-winning interdisciplinary article on the psychology of mediation.
Confidentiality in Collaborative Cases After Thottam. Press here for this article on mediate.com.
Mediation confidentiality analyzed.
Mediation Confidentiality, Chapter 7 in: A Litigator’s Guide to Effective Use of ADR in California (Continuing Education of the Bar, 2005).
California law on mediation confidentiality analyzed.
Mediation Confidentiality: What Litigators Need to Know After Rojas v. Superior Court, 26(5) Cal. Civ. Litig. Rep., Oct. 2004, 189-194.
The impact of Rojas v. Superior Court (2004) 33 Cal.4th 407 on mediation practice.
Rojas v. Superior Court, 26(15) Ins. Litig. Rep., Sept.10, 2004, p. 536
For insurance coverage litigators.
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
For construction defect litigators.
Confidentiality in Insurance Coverage Mediation: Will It Survive Rojas v. Superior Court?, 26(2) Ins. Litig. Rep., Feb. 2004, 37-51.
Predicts the Rojas case.
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.
Closely predicts the California Supreme Court’s later opinion.
Publications on Insurance
Confidentiality in Insurance Coverage Mediation: Will It Survive Rojas v. Superior Court?, Ins. Litig. Rep., 26(2), Feb. 2004, pp. 37-51.
Mediation confidentiality article with emphasis on insurance mediation. Predicts reasoning and decision in Rojas v. Superior Court.
Strategies for Defeating and Defending the 1973 Pollution Exclusion, 11(3) Ins. Litig. Rep., March 1989, 75 – 87.
Decisions on the pollution exclusion throughout the country are analyzed.
Automobile Insurance, Chapter 50 in: California Insurance Law & Practice (Matthew Bender 1987). Updated by publisher.
Chapter on automobile insurance in treatise.
California Insurer’s Duty to Defend: How Far Does It Extend?, 1985, 52 Ins. Counsel J. 252.
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.