TMS Event Details

Event Title: Some Thoughts on Post-Covid Virtual and In-Person Mediation: A Virtual, Inter-active Discussion with Malcolm

Event Type: MCLE: Legal Ethics


Via Zoom

Presenter: Malcolm Sher

Date: Thursday, May 4, 2023

Time: 12 Noon - 1:30pm


A Discussion and Ethical considerations in our post Covid environment. Including:

  • Will we ever be back to “normal,” whatever that means?
  • How did COVID impact our mediation practices?
  • Working with insurers and other third-party stakeholders in “virtual” mediations.
  • Ethical and other challenges dealing with C.A.R. and other contractual mediations.
  • Preserving confidentiality and privacy in “virtual” and “hybrid” mediations.
  • Ethical considerations in “virtual” mediations with non-represented parties.
  • Is “free time” for court-sponsored mediations excessive? Mediators needs to eat, too!
  • Re-working Agreements to Mediate to provide for “virtual” and “hybrid” mediations.

Speaker Bio: Malcolm is a full time mediator of many hundreds of high-emotion and cross-cultural disputes involving real property, breach of contract, fraud, title insurance, escrow, quiet title, residential and commercial landlord-tenant, (including “habitability”) lender liability, business and commercial, partnership, real estate broker, attorney and CPA malpractice, attorney-client fee disputes, probate/trust/elder abuse, employment, (including wrongful termination, discrimination, harassment, wage-and-hour), homeowner associations, personal injury/property damage.

His professional memberships include National and California Academies of Distinguished Neutrals; The Law Society of England and Wales; Past President, The Mediation Society, San Francisco; California Association of Realtors Legal Affairs Forum.

Malcolm’s publications and seminars: Co-author “California Real Property Remedies Practice” (CEB) Chapter on Alternative Dispute Resolution, 2005-present; Co-author and Contributor to Annual Supplement, 1986-2002; Editor “California Lis Pendens Law and Practice” (CEB) 1984; San Francisco and Los Angeles Daily Journal and articles include: “Recognizing and Validating Diversity in Mediation”, “The High Cost of Failing to Prepare for Mediation”, “Emotional and Strategic Challenges to Mediating Partition Actions”, “The Tail Wagging the Dog – Strategies for Settling Attorneys Fees-driven Cases”, “An Alternative Approach to Pre-mediation Discovery”.