Guess What? Your Online Mediation Is Not Confidential!

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Credit Hours:

1.00

Specialty Area:

None

Credit Type:

General

Original Air Date:

March 8, 2021

Credit Eligible In:

California

You may be able to self apply for credits in states not listed. BHBA provides CLE accreditation as described above. Email for accreditation information in your state.

Believe it or not, your online mediation is not confidential. Or, at least, you cannot promise anybody that it is. That?s because of the way courts apply conflict-of-laws principles to evidentiary privileges. As a result, you risk malpractice liability and trigger ethical concerns every time you sign a Mediation Confidentiality Agreement. Chambers-ranked mediator Jeff Kichaven will explain these startling conclusions and offer guidance as to best practices for representing your clients in mediations.

Learning Objectives:

Understand how conflict-of-laws principles apply to mediations
Understand how ?mediation confidentiality agreements? create malpractice and ethical risks for lawyers and mediators in light of those conflict-of-laws principles
Understand how ?prospective waivers of liability? affect mediations, and why lawyers should strike such provisions from so-called ?mediation confidentiality agreements?

Jeff Kichaven

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Jeff Kichaven Commercial Mediation

Jeff Kichaven is one of America’s leading mediators. He is “Ranked in Chambers – Band 1” on the national list of mediators, and “Who’s Who Legal” has honored him as a “Global Elite Thought Leader” in mediation. A full-time professional mediator since 1996, Jeff is a Cum Laude graduate of Harvard Law School (JD 1980) and a Phi Beta Kappa graduate of the University of California, Berkeley (AB Economics, 1977). He specializes in B2B cases, particularly Insurance Coverage, Intellectual Property, and Legal and Accounting Malpractice. He is a Past President of the Southern California Mediation Association and a Past Chair of the ADR Section of the LA County Bar, as well as an Elected Member of the American Law Institute. Jeff has taught mediation for Harvard Law School, Pepperdine University School of Law, the American Bar Association, and many other law schools and bar associations across the country. His views on mediation have been cited in The New York Times and The Wall Street Journal.