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Webinar: 5 Things Every Lawyer Should Know About Mediation Confidentiality
February 24, 2021 @ 12:00 pm – 1:30 pm
1.5 Hours MCLE; 1.5 Legal Ethics
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.
Moderator: Marina Fraigun. Speakers: Lee Jay Berman and Phyllis Pollack.
Moderator: Marina Fraigun
Lee Jay Berman began as a full-time mediator 26 years ago, and has successfully mediated over 2,500 matters. He is an American Arbitration Association Master Mediator for employment matters, and national panelist on their commercial and construction panels. He is a Distinguished Fellow with the International Academy of Mediators, a Charter Diplomat with the National Academy of Distinguished Neutrals (NADN), certified by the International Mediation Institute, and a Dispute Resolution Expert with the United Nations Development Programme. NADN named him their inaugural “Distinguished Neutral of the Year” in 2017. California’s Daily Journal twice named him “Top Neutral”, he has been voted by his colleagues into the Who’s Who of International Commercial Mediation from 2012-2021, and ranked by Chambers USA as one of the USA’s top 40 commercial mediators in 2018-2021. A respected trainer, Lee Jay founded the American Institute of Mediation, after seven years as Director of Pepperdine Law School’s Mediating the Litigated Case program. Lee Jay has published numerous articles on mediation, and the American Bar Association will be publishing two of his books in 2021. Lee Jay can be reached at firstname.lastname@example.org.
After more than 35 years as a senior attorney, Phyllis Pollack founded PGP Mediation in Los Angeles, California, to help clients work through conflict, finding viable solutions more effectively. Since 2000, Phyllis has mediated more than 2,000 disputes in a wide variety of areas, and has received more than 500 hours of mediation training. She is passionate about the benefits of mediation and stays up-to-date on trends and case law, writing about issues, approaches and news regularly on her mediation blog. To learn more about Phyllis Pollack’s experience and background, please review her comprehensive profile available at https://www.pgpmediation.com/mediator/phyllis-g-pollack-biography/.