Guess What? Your Online Mediation Is Not Confidential!
About this program
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?
This OnDemand CLE program earns 1 hour of General credit in California. It aired March 8, 2021 and features Jeff Kichaven.
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