Some Thoughts on Post-Covid Virtual and In-Person Mediation: A Virtual, Inter-active Discussion with Malcolm
MCLE: Legal Ethics
Thursday, May 4, 2023
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 Mediate.com 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”.