Is Mediation Confidentiality a Myth? Some Thought Provoking Facts from Special Guest, Jeff Kichaven on The Learn to Mediate Online Podcast with Susan Guthrie, Esq. #119

In this episode, Susan Guthrie speaks with Jeff Kichaven, one of the country's top mediators and a Legal Thought Leader, about his recently published article in Law360, "What You Say in Online Mediation May be Discoverable" which is causing quite a stir in the mediation community!

For many practitioners, the idea of mediation confidentiality is a given. In fact, many mediators include a confidentiality agreement in their agreement to mediate and tout the promise of confidentiality to participants. The problem? According to experienced mediator and attorney, Jeff Kichaven, and his co-authors Theresa Frisbie and Tyler Codina in their article for Law360, "What You Say in Online Mediation May Be Discoverable", the promise of confidentiality is not one that a mediator has the power to keep and by making that promise, mediators run a risk they may not wish to take after hearing this episode. Find out what the risks are, how the rise of online mediation adds to those risks and what Jeff suggests mediators do to solve the problem, all in this episode!

Learn more about this week's Special Guest: Jeff Kichaven, is "Ranked in Chambers (USA) 2020" as one of the country's top mediators, and "Who's Who Legal" lists him as a "Global Elite Thought Leader" in mediation, one of only five in the United States and 20 in the world. He is an Honors Graduate of Harvard Law School, a Phi Beta Kappa Graduate of the University of California, Berkeley, and an Elected Member of the American Law Institute. His recent articles on the lack of confidentiality to online mediations have shaken our thinking about how we have always done things.

Contact Jeff:

E: jk@jeffkichaven.com

W: www.jeffkichaven.com

T: 310-721-5785

Read the Articles:

"What You Say in Online Mediation May Be Discoverable": https://www.dropbox.com/s/undbrhl2l5jcya6/ConflictOfLaws63020PDF.pdf?dl=0 "Mediator

Confidentiality Promises Carry Seious Risks": https://www.dropbox.com/s/rypafoojdsnitl7/MediatorConfidentialityPromises72020.pdf?dl=0

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About Our Host: Susan Guthrie, nationally recognized as one of the Top Family Law and Mediation Attorneys in the country, has been helping individuals and families navigate separation and divorce for 30 years. Susan provides online divorce mediation and legal coaching services to select clients around the world.

As a leading dispute resolution professional, Susan is honored to serve on the Executive Council of the American Bar Association’s (ABA) Dispute Resolution Section as the Membership Officer and to be a Co-Chair of the Mediation Committee. Susan also is one of the leading experts in online mediation in the country and trains other professionals in the practical and ethical considerations of conducting their mediations online through her business Learn to Mediate Online (www.learntomediateonline.com.) To date, more than 15,000 dispute resolution professionals have benefited from her online mediation training program which is available through LIVE webinars. See the website for dates and times.

Susan also offers additional training and webinars in (available on www.learntomediateonline.com):

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