Confidentiality: Is It an Essential Ingredient in a Successful Mediation? [CC]

    Confidentiality: Is It an Essential Ingredient in a Successful Mediation? [CC]
    ETHICS 60 min

    Confidentiality: Is It an Essential Ingredient in a Successful Mediation? [CC]

    Mediators generally assume that confidentiality is an essential ingredient in a successful mediation. This panel will explore developments that bring the efficacy of mediation confidentiality into question. Jeff Kichaven will challenge the conventional wisdom by questioning whether mediators need confidentiality, and Ana Sambold, Debra Berman, and Homer LaRue will offer different perspectives.

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      04/15/2024

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    Closed Captioned.

    Jeff Kichaven will explain that he hasn't used confidentiality agreements for over 15 years and why. Here is a link to his recent speech to the Houston Bar Association: https://www.youtube.com/watch?v=S4SF9zPzgyk. The presentations will offer advice on how a lawyer should counsel his or her client. This goes to the heart of MRPC 2.1 (Advisor). We will cite this rule as well as Rules 1.1 (Competence), 1.3 (Diligence) and 1.4 (Communication). Also, we shall be contrasting lawyer ethics and mediator ethics and discussing the dilemma:created by the MRPC 8.3(a) duty to report the misconduct of another lawyer in light of confidentiality requirements.

    Product Details

    Moderators

    James J Alfini

    Panelists

    Ana M Sambold, Debra Berman, Homer C La Rue, Jeff Kichaven

    Sponsors

    Section of Dispute Resolution

    Product Code

    DR2104SCOLC11

    Duration

    60

    Publication Date

    4/16/2021 12:00:00 AM

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