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JAMS2 Embarcadero CenterSan FranciscoUnited StatesCalifornia94111Will Your Mediation Stay Confidential? Should It?Venue Address
Will Your Mediation Stay Confidential? Should It?
Confidentiality in Mediation With Ron Kelly
As a community mediator, whether or not you are an attorney, are you aware of how and when the California Evidence Code actually applies to mediation and what the exceptions are? When you mediate at Community Boards, you explain confidentiality as part of the opening process.
Suppose a disputant asks you “Does the law prevent me from checking with my partner, accountant, lawyer, etc. before I agree to something?" or "If I do tell others after I sign an agreement, what effect does that have?” or "Can I post information about the mediation on Facebook?" Does it make a difference that Community Boards does not mediate legally binding agreements? Bring your difficult questions.
Honored with Community Boards’ Visionary Peacemaker Award, Ron Kelly has been working for decades to make it safe to be honest in mediation. He initiated and guided the formation of our main Evidence Code chapter defining and governing mediation. He played a central role in shaping the most current amendment to this chapter. Come to this workshop - and have Ron answer all your questions.
From this workshop, you will come away with a much deeper understanding of this crucial area, including:
What is legal vs. ethical confidentiality?
Are the parties and/or mediators required to sign a Confidentiality Agreement in order to participate in a mediation?
What is considered confidential in mediation under the California Evidence Code?
Who in the mediation room is covered under the California Evidence Code?
Can mediation participants agree to waive confidentiality?
New legal requirement for attorneys to inform clients
Where does confidentiality apply to Community Boards mediations?
What if parties to a mediation are already involved in a lawsuit?
Does the California Evidence Code prohibit the use of confidential information in all legal proceedings?
MCLE: Course approved by the State Bar of California for 2 MCLE credits (provider #9323). $20 processing fee required. Pay MCLE here.
RON KELLY Mediating since 1970, arbitrating since 1986, Ron is a co-founder of two of California's main ADR professional organizations.
Ron has trained thousands of lawyers, judges, government officials and business professionals on four continents, and his training materials are licensed and used around the world in several languages. Judges in every superior court in the Bay Area have chosen to enroll in his trainings.
Ron is one of the principal architects of California mediation law. He's been honored with eight major ADR awards for his work in building the field, including Peacemaker of the Year in California, and Honored Instructor at Berkeley.