Guess What? Your Online Mediation Is Not Confidential!



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Credit Details
Credit Hours:
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Original Air Date:
March 8, 2021
Accredited In:

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

About the 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?
Meet the Speakers
Jeff Kichaven


Jeff Kichaven Commercial Mediation

Jeff Kichaven is an internationally recognized speaker and writer on mediation. He is a leading voice on the ways lawyers and mediators can, and must, work together to serve clients better. He has addressed audiences of lawyers in the United States, Canada, and England for six Sections of the American Bar Association (Business Law, Dispute Resolution, Family Law, Law Practice Management, Litigation and Tort, Trial and Insurance Practice). He has also addressed the Practicing Law Institute, ALI-ABA, the State Bar of California, the Texas Association of Mediators, the North Carolina Bar Association, the Wisconsin Association of Mediators, the California Center for Judicial Education and Research (“Judges’ College”), the USC Insurance Law Institute, California Continuing Education of the Bar, the Los Angeles County and Beverly Hills Bar Associations, the national seminar series of the Negotiation Strategy Institute and many other organizations. Several of his recent articles, including the widely published “Mediation is Not for Sissies,” are included on his website.

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This program is free for members at the Sustainer or higher level and OnDemand subscribers. Economy members pay the full rate. Join first, then login to BHBA+ to access this program.

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