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# 012496

Admitting and Enforcing Agreements in Mediation: Ethical and Practical Considerations for Real Estate Transactional and Litigation Attorneys

This program provides practice tips to create admissible and enforceable agreements reached through mediated negotiations. Gain understanding of the presumptive inadmissibility of agreements, conversations, and negotiations made among mediation participants, including among participants on only one side of a negotiation, such as those between multiple plaintiffs and defendants, lienholders, and insurers. What language must be in all standard settlement agreements, releases and conveyances to be admissible if created through mediation?

The program will cover admissibility language required under EC 1123 and EC 1122, representations and warranties, and typical transactional side boilerplate clauses that will maximize the ability to enforce all types of settlements, deals, and work-outs. What are the ethical obligations of lawyers to preserve evidence, including evidence of their own conversations and negotiations with their clients? Do mediators have an ethical obligation to advise about these technical details?

About the Presenters:

Kyle Kveton specializes in professional liability matters and has defended lawyers in a series of recent cases concerning the mediation evidence code provisions, and wrote the amicus curiae appellate brief for the ASCDC on behalf of Real Parties in Interest [Wasserman, Comden law firm] in Cassel v. Superior Court, the Supreme Court’s 2011 decision clarifying the expansive scope of the mediation confidentiality statutes.

Caroline Vincent, a mediator with a real estate and corporate transactional background, has presented numerous programs with Kyle and others on how to draft and admit enforceable mediation agreements and documents, and protect and preserve evidence in mediations.


 
Recorded:
   12/3/2014
CLE Credits:
   1    General CLE Credit, including Ethics credit
Format:
   Audio CD
Also Availabe In: Price Range:
Live Event - (Expired) $0.00 - $135.00
Live Webcast - (Expired) $40.00 - $135.00
 
 
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