Publications | Book
Mediation Ethics: A Practitioner's Guide
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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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.
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12/15/2020 12:00:00 AM
Publications | Book
Mediation Ethics: A Practitioner's Guide
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