See Credit Details Below
This program does not offer Ethics credit.
Even when courts do not require litigating parties to mediate, the process can be a useful tool to attempt to resolve high-stakes disputes without incurring hefty legal fees, and without the publicity and attention that can come from litigating in open court. However, there can still be potential risks associated with engaging in mediation, specifically, what confidentiality or privilege attaches to mediation materials.
Faculty will provide an overview of case law on the subject, with a focus on New York’s unique position on mediation privilege, and provide “best practices” when approaching mediation and considering confidentiality concerns. This Briefing is designed for attorneys of all levels.
Topics will include:
- Overview of benefits to mediation (5 minutes);
- Overview of the Uniform Mediation Act, governing principles and states adopting relevant provisions (10 minutes);
- The New York Outlier: Challenges to preserving mediation privilege in the Empire State (15 minutes);
- Navigating the mediation privilege in other states, identifying relevant exceptions and recent case law (20 minutes); and
- Best practices for mediating parties and approaching confidentiality concerns (10 minutes).
Who Should Attend: In-house counsel, outside attorneys, mediators, litigators and other allied professionals interested in ADR
Program Level: Overview
Advanced Preparation: None
Jessica Lynn Falk
Weil, Gotshal & Manges LLP