In the aftermath of the California Supreme Courts new Cassel v. Superior Court decision, there is new support for and definitions of mediation confidentiality and privilege protections, as well as for legal malpractice liability. A panel of veteran California practitioners explains what it means for your day-to-day caseload. Youll find out about your current ethical obligations, and how your mediation work can be conducted within the boundaries of the Courts new ethical standards in a decision watched closely by mediation providers, both court and private, nationwide.
Jeff Kichaven is an internationally recognized speaker and writer on mediation. He is a leading voice on the ways lawyers and mediators can, and must, work together to serve clients better. He has addressed audiences of lawyers in the United States, Canada, and England for six Sections of the American Bar Association (Business Law, Dispute Resolution, Family Law, Law Practice Management, Litigation and Tort, Trial and Insurance Practice). He has also addressed the Practicing Law Institute, ALI-ABA, the State Bar of California, the Texas Association of Mediators, the North Carolina Bar Association, the Wisconsin Association of Mediators, the California Center for Judicial Education and Research ("Judges' College"), the USC Insurance Law Institute, California Continuing Education of the Bar, the Los Angeles County and Beverly Hills Bar Associations, the national seminar series of the Negotiation Strategy Institute and many other organizations. Several of his recent articles, including the widely published "Mediation is Not for Sissies," are located on his website.
Jeff is President of the Southern California Mediation Association (SCMA) , California's leading professional mediators' association with over 500 members. Jeff recently co-authored SCMA's amicus brief in Rojas v. Superior Court. The brief had a significant impact on the Supreme Court's opinion. Specifically, footnotes 4 and 9 of the decision, drawn from the SCMA brief, prevent the case from having a holding that would negatively affect confidence in the integrity of mediation. Jeff is also a Fellow in the International Academy of Mediators, a select group of approximately 100 commercial mediators worldwide who work to elevate the standards of mediation practice. In the academic world, Jeff is an adjunct professor in Pepperdine University School of Law's Straus Institute for Dispute Resolution.
Cassandra Franklin is a deputy practice leader in Dickstein Shapiros Insurance Coverage Group, and she serves on the firms Quality Assurance Committee. Ms. Franklin represents insureds in complex coverage disputes. Her practice encompasses all phases of a dispute, from pre-litigation negotiations regarding coverage through litigation, and includes an active appellate practice. Ms. Franklins insurance recovery experience includes disputes concerning first-party policies, such as property, business interruption, and crime coverage policies; third-party policies, such as directors and officers, errors and omissions, and commercial general liability policies; and errors and omissions, multimedia, and other entertainment industry policies. She also has handled a wide range of commercial and entertainment litigation, including matters involving claims of copyright infringement, right of publicity, and other entertainment and art law issues.
Harry W.R. Chamberlain II is a shareholder in Buchalter Nemer's Litigation, Insurance and Appellate Practice Groups in Los Angeles. His practice emphasizes appellate and regulatory law, complex litigation and employment law representing professionals, businesses and public entities, with special concentration on post-trial remedies and appeals. In addition to his trial and appellate practice, Mr. Chamberlain is often engaged as an expert witness and consultant in cases involving professional liability, legal ethics and insurance issues.
Mr. Chamberlain is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization. He has argued hundreds of appeals, jury and bench trials, representing clients before the California Supreme Court and the highest courts of several jurisdictions.
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