Construction litigation in California has reached a critical crossroads where complex multi-party disputes often devolve into aimless, expensive "billing events" rather than structured paths to resolution. This marquee panel brings together an elite class of neutrals and practitioners from JAMS, AAA, and ADR Services to dismantle these inefficiencies and provide a definitive roadmap to the "End Game." Moving far beyond "Mediation 101," this session explores the tactical preparation, risk transfer nuances, and the 2026 digital divide of Zoom versus in-person negotiations required to break insurance logjams. Attendees will learn to shift their mindset from merely attending a session to aggressively driving a resolution through diligent investigation and sophisticated deal-structuring, replacing procedural "drift" with a disciplined, high-velocity approach to settlement.

This program provides a practical overview of best practices for real property mediations conducted privately, and through the California Association of REALTORS® (CAR). Gideon Kracov and Neil Kalin examine the structure and procedures of the CAR Mediation Program and the core principles guiding effective mediations, including confidentiality, party self-determination, and impartiality. 

The speakers address common real estate disputes—such as nondisclosure, contract breaches, landlord-tenant issues, HOA conflicts, title disputes, property damage, and neighbor matters—while offering practical guidance on planning for successful mediations. Topics include timing, pre-mediation preparation, attendance decisions, joint sessions, term sheets, and special considerations involving multiple parties, insurance, government entities, and experts. The program concludes with a discussion of key mediation tools and strategies, where viewers can learn practical information to apply to real property cases.

• Identify key data and trends related to attorney burnout, incivility, and wellness challenges in the legal profession
• Recognize the ethical and professional risks associated with neglecting health and well-being
• Apply guided breathing and mindfulness techniques to improve focus and reduce stress
• Understand resilience through the five pillars of wellness: physical, emotional, spiritual, social, and mental health
• Implement practical, everyday tools to manage stress and maintain balance in high pressure legal environments

California Labor Code §2699.3 has altered the procedural path of PAGA litigation by introducing a statutory Early Neutral Evaluation (ENE) process that, in practice, often functions as an early mediation.

This program will break down the statute’s language and legislative origins, outline the ENE timeline and hearing procedure, and examine how courts are implementing the process. The panel will then turn to real-world application: Does ENE meaningfully change outcomes? How flexible are the statutory timelines? And why do many cases ultimately resemble traditional mediation?

Finally, the discussion will explore broader implications for employers, employees, and the courts — including pending regulations, the anticipated California Supreme Court decision in Leeper v. Shipt, Inc., and the political and budgetary forces shaping PAGA’s future.

At bottom, this program discusses the real-world implications of this procedural reform, and what the future may hold for PAGA litigation.

Using real-world mediation insights, MyKhanh Shelton and Stacie Hausner of ADR Services, Inc. explore how opening moves, anchoring psychology, and end-of-day strategy shape settlement outcomes in employment cases. Designed for employment litigators, the program will cover how to:

• Make strategic opening offers that invite productive negotiation
• Recognize and respond to anchoring attempts in employment mediations
• Manage client expectations and psychological dynamics in the room

Through examples drawn from employment discrimination, termination, and workplace dispute mediations, attendees will walk away with tools they can apply in their next negotiation.