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5 Things Every Lawyer Should Know About Mediation Confidentiality
Do you represent clients in mediation? Do you counsel clients who are going to mediation? Do you draft agreements that contain ADR clauses? If you touch mediation in any way, you need to know these five things about the latest when it comes to mediation confidentiality.
1. California mediations in state court cases are not admissible, but some activities and documents are admissible. Find out which ones. 2. Online mediations, and in-person mediations outside of California, may not be governed by California’s rules. 3. Federal court rules governing mediation confidentiality are different. 4. In California, you must have your clients sign an informed consent acknowledgement about the mediation’s confidentiality prior to the mediation, or risk being open to State Bar discipline and potential claims of malpractice. 5. If you’re not fully informed about the latest rules about mediation confidentiality, you could be opening yourself up to claims of malpractice.
We all know that clients can be highly emotional about mediations, and can look to blame others when a mediation turns out different than expected, or when they have buyer’s remorse afterward. Learn from these two top mediators, who both testified before California’s Law Revision Commission and have lectured for years on this topic how to successfully guide your clients to and through mediation, knowing comfortably that they are properly informed about their rights and responsibilities with respect to the process’s confidentiality and inadmissibility.
1.5 Legal Ethics
1.5 Participatory MCLE Credits
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