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Advocating for Nonresident Fathers in Child Welfare Court Cases
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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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.
James JS Holmes, Jeff Kichaven, Joanna Lyn Young, Sari W Montgomery
Section of Litigation
LT2012OMNCOLC
60
12/15/2020 12:00:00 AM
Publications | Book
Advocating for Nonresident Fathers in Child Welfare Court Cases
Publications | Book
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ABA Guide to International Business Negotiations: A Comparison of Cross-Cultural Issues and Successful Approaches, Third Edition
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Dispute Resolution Holiday Party
Join the Section of Dispute Resolution for its first ever virtual Holiday Party. There will be prizes, networking via break-out rooms, and fun rooms featuring tastings, music, and costumes.
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Representation in Mediation Competition
The competition introduces law student participants to the challenges of representing clients in mediation. The judging criteria reward those participants who use an effective combination of (i) advo…
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Cybersecurity: Safeguarding Case Data
The protection and privacy of customer and case-related information should be a top priority for all dispute resolution professionals. Join us for an insightful discussion with cybersecurity thought…