Guess What — Your Online Mediation May Not Be Confidential

Originally held on Thursday, February 4, 2021 | 12:00 pm – 1:00 pm

Program Instructor:
Jeff Kichaven
Principal Mediator
Jeff Kichaven Commercial Mediation

  • This program will explain how choice-of-law rules apply to mediation privilege and confidentiality issues; the malpractice risks lawyers and mediators take when they promise mediation confidentiality; the risks of waiving contract-based defenses to mediated settlement agreements; and the dangers of signing a mediation confidentiality agreement with a liability waiver in favor of the mediator. Three key benefits: How to advise clients regarding whether to sign a mediator’s confidentiality agreement; How to advise clients regarding how candid to be in a mediation; How to minimize malpractice risks in mediation.

    Program Fee:
    $69 for Members | $169 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • 12:00 pm- 12:05 pm

    12:05 pm- 12:25 pm
    How Conflict of Laws Principles Apply to the Confidentiality of Online Mediations

    12:25 pm- 12:45 pm
    Malpractice and Ethical Risks of Promising Air-tight Confidentiality

    12:45 pm- 1:00 pm
    Ethical and Related Issues Concerning Prospective Waivers of Liability

  • New York: 1.0 Professional Practice
    New Jersey: 1.0 General
    California: 1.0 General
    Pennsylvania: 1.0 General
    Connecticut: Available to Licensed Attorneys

  • Sponsoring Association Committee:
    Alternative Dispute Resolution, Charles M. Newman, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 |