Don’t wait until this happens to you! Oops, I’m the mediator and I just got subpoenaed to testify. What do I do now? The practical, professional and ethical considerations of confidentiality in mediation.
Live GoToWebinar by Meah Tell, Meah Rothman Tell, P.A., and Shari Elessar, Back on Track Mediation. Course number 7205 is approved for 1.5 CLE, all of which may be applied toward Ethics. REGISTER
The extent of confidentiality in mediation and its professional and ethical implications will be explored via practical response to a mediator subpoena. The discussion will explore the rules, enumerated exceptions, MEAC opinions, and the practical aspects of issuing subpoenas to mediators. Practitioners and mediators alike will explore the underpinnings, and limits, of confidentiality. Legal practitioners and mediators will learn best practices from a practical perspective.
This program will address:
- Rules for Certified and Court-Appointed Mediators
- Proactive engagement letter handling fees for mediators who are called to testify
- Confidentiality Statute/Who Holds the Privilege/Enumerated Exceptions to Confidentiality
- MEAC Opinions
- The practical aspects of handling this and proposed forms
- Communication between trial attorney and mediator
- Obtain written consent to waive privilege
- File Motion to Quash Subpoena or Motion for Protective Order/Alternatives: Go to hearing and invoke privilege
- Order compelling you to testify and Q&A