Alternative Dispute Resolution
Dec. 30, 2020
Confidentiality in mediation may not be enforceable, says neutral
Jeff Kichaven of Jeff Kichaven Commercial Mediation argues that the promise of confidentiality can only be kept or not kept by judges ruling on later motions to compel document production or testimony related to the mediation.
Can the promise of confidentiality in mediation carry consequences? Jeff Kichaven of Jeff Kichaven Commercial Mediation is putting the practice in question, calling it unnecessary and a promise that can result in a malpractice lawsuit.
"The conventional wisdom, at least in California, is that absolute confidentiality is essential to effective mediation and mediators repeat it like a mantra," said Kichaven in an interview. "And I do...
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