Your Online Mediation is Not Confidential

Believe it or not, neither lawyers nor mediators can promise that online mediation – or any mediation, really -- is confidential, and there are significant malpractice risks if they do. This is because conflict-of-laws principles allow courts to disregard mediation privilege statutes and confidentiality agreements. This presentation will explain these shocking laws, your risks, and what you can do to clean up this mess. Will you conclude never to sign a so-called “Mediation Confidentiality Agreement” again?

Featured Speakers

	Erin K. Higgins is a “lawyers’ lawyer” with Conn Kavanaugh Rosenthal Peisch & Ford, LLP, in Boston. Erin regularly represents lawyers in defending against malpractice claims and disciplinary complaints, and advises lawyers and law firms on ethics issues. She recently completed a four-year term on the Massachusetts Board of Bar Overseers, and formerly served on the Massachusetts Supreme Judicial Court’s Standing Advisory Committee on the Rules of Professional Conduct. Erin also represents insurance agents and brokers, accountants, and real estate professionals. Erin is a past President of PLDF, and a regular presenter at the PLDF Annual Meeting. She was assisted in preparing the case summaries for the PLDF Survey of Law by J.P. Christian Milde, an associate in her office.
	Jeff Kichaven of Jeff Kichaven Commercial Mediation in Los Angeles is “Ranked in Chambers (USA) 2020” as one of the country’s top mediators. “Who’s Who Legal 2020” has honored him as a “Global Elite Thought Leader” in mediation, one of only five in the United States and 20 in the world. Jeff is an Honors Graduate of Harvard Law School (1980) and a Phi Beta Kappa Graduate of the University of California, Berkeley (1977). Based in his native Los Angeles, he has been a full-time mediator with a nationwide practice since 1996. He is an elected member of the American Law Institute and has been named California Lawyer Attorney of the Year in ADR. “Best Lawyers” has listed him for 15 straight years, and in 2015 honored him as the single Best Mediation Lawyer in Los Angeles. His views on mediation have been cited in The New York Times and The Wall Street Journal. As a new member of PLDF, Jeff is particularly pleased to be able to contribute to its educational mission through this webinar.
	Thomas D. Jensen is a shareholder with Lind Jensen Sullivan & Peterson, P.A., in Minneapolis. Certified as a Civil Trial Specialist by the National Board of Trial Advocacy, and licensed in Minnesota, North Dakota, and Wisconsin, Tom defends physicians, lawyers, accountants and insurance agents in malpractice and board discipline matters.
	Paul Ruiz, MBA has worked in medical malpractice claims for 32 years, beginning with Norcal Mutual, General Reinsurance, and currently Adventist Health where he manages professional and general liability claims for 12 hospitals throughout California.

Continuing Legal Education

Should you need credit, we will be happy to supply you with course materials and a record of attendance to allow you to self-report your credit.

Mission Level Sponsor

Our sincere thanks to our mission level sponsor, Minnesota Lawyers Mutual Insurance Company. We are very thankful for their continued support of and involvement in the association.