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Guess What! Your Online Mediation is Not Confidential [CC]
![Guess What! Your Online Mediation is Not Confidential [CC]](/content/dam/aba-cms-dotorg/products/ecd/ondemand/406913256/406913256.Def.L.png.transform/product-2x/img.png)
Guess What! Your Online Mediation is Not Confidential [CC]
Some courts have already disregarded the confidentiality rules of other states, and mediation confidentiality agreements, and ordered clients to testify to what happened at mediation. Lawyers face malpractice and ethical risks if things go awry after they have had clients sign so-called "mediation confidentiality agreements."
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12/14/2023
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12/14/2023
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12/14/2022
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General
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12/14/2021
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Substantive Law
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1.00 credit hours
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12/14/2023
1.00 total credit hours including
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1.00 credit hours
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12/14/2023
1.00 total credit hours including
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General
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Approved
1.00 credit hours
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12/31/2022
1.00 total credit hours including
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General
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1.00 credit hours
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12/14/2023
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General
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12/14/2022
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12/14/2023
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General
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06/14/2022
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12/14/2023
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General
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12/14/2023
1.00 total credit hours including
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12/14/2023
1.00 total credit hours including
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General
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1.00 credit hours
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12/14/2022
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General
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Self apply
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12/14/2025
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12/14/2023
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12/14/2023
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12/14/2022
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12/14/2023
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12/14/2023
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12/14/2022
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12/14/2023
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Closed Captioned.
Lawyers face malpractice and ethical risks when they have clients sign so-called "Mediation Confidentiality Agreements." That's because conflicts-of-law principles allow courts to disregard the privilege statutes of other states as well as confidentiality agreements, and order clients to testify to what happened at mediation. Some courts have already done so, and more will follow, particularly because, in online mediations with participants sprinkled across the country, it is harder to determine which state's privilege statute applies in the first place. You do not want to be the lawyer who has a court order your client to testify to what happened at a mediation after you promised them it would never happen. Learn how to gauge and manage your risks, and how to advise your clients on just how candid they should -- and should not -- be in mediation.
Product Details
Panelists
James JS Holmes, Jeff Kichaven, Joanna Lyn Young, Sari W Montgomery
Sponsors
Section of Litigation
Product Code
LT2012OMNCOLC
Duration
60
Publication Date
12/15/2020 12:00:00 AM
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