The Learn to Mediate Online Podcast from Susan Guthrie, Esq.

Is Mediation Confidentiality a Myth? Some Thought Provoking Facts from Special Guest, Jeff Kichaven on The Learn to Mediate Online Podcast with Susan Guthrie, Esq. #119

August 11, 2020

In this episode, Susan Guthrie speaks with Jeff Kichaven, one of the country's top mediators and a Legal Thought Leader, about his recently published article in Law360, "What You Say in Online Mediation May be Discoverable" which is causing quite a stir in the mediation community!

For many practitioners, the idea of mediation confidentiality is a given. In fact, many mediators include a confidentiality agreement in their agreement to mediate and tout the promise of confidentiality to participants. The problem? According to experienced mediator and attorney, Jeff Kichaven, and his co-authors Theresa Frisbie and Tyler Codina in their article for Law360, "What You Say in Online Mediation May Be Discoverable", the promise of confidentiality is not one that a mediator has the power to keep and by making that promise, mediators run a risk they may not wish to take after hearing this episode. Find out what the risks are, how the rise of online mediation adds to those risks and what Jeff suggests mediators do to solve the problem, all in this episode!

Learn more about this week's Special Guest: Jeff Kichaven, is "Ranked in Chambers (USA) 2020" as one of the country's top mediators, and "Who's Who Legal" lists him as a "Global Elite Thought Leader" in mediation, one of only five in the United States and 20 in the world. He is an Honors Graduate of Harvard Law School, a Phi Beta Kappa Graduate of the University of California, Berkeley, and an Elected Member of the American Law Institute. His recent articles on the lack of confidentiality to online mediations have shaken our thinking about how we have always done things.

Contact Jeff:



T: 310-721-5785

Read the Articles:

"What You Say in Online Mediation May Be Discoverable": "Mediator

Confidentiality Promises Carry Seious Risks":


About Our Host: Susan Guthrie, nationally recognized as one of the Top Family Law and Mediation Attorneys in the country, has been helping individuals and families navigate separation and divorce for 30 years. Susan provides online divorce mediation and legal coaching services to select clients around the world.

As a leading dispute resolution professional, Susan is honored to serve on the Executive Council of the American Bar Association’s (ABA) Dispute Resolution Section as the Membership Officer and to be a Co-Chair of the Mediation Committee. Susan also is one of the leading experts in online mediation in the country and trains other professionals in the practical and ethical considerations of conducting their mediations online through her business Learn to Mediate Online ( To date, more than 15,000 dispute resolution professionals have benefited from her online mediation training program which is available through LIVE webinars. See the website for dates and times.

Susan also offers additional training and webinars in (available on

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Building an Online Practice Visit for more information

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Optimize Your Family & Divorce Mediation Practice and MORE so be sure to check the site for dates and times and to REGISTER! LEARN TO MEDIATE ONLINE




Susan is also excited to announce The Mediation Station's 40-Hour Divorce and Family Mediation Training Program in collaboration with Forrest "Woody" Mosten!  This very special online training program will debut in September, 2020 and will be held entirely online.  Space is limited so reserve your spot today.  You can find more information and register at


Susan has been featured in and on media outlets such as CNBC, Market Watch, Forbes, Eye on Chicago, WGN, the ABA’s Just Resolutions Magazine, Thrive Global, The Nook Online among others. She is licensed to practice law in the States of California and Connecticut as well as before the Supreme Court of the United States.

Susan's other Podcasts: After a year and half of co-creating and co-hosting the award winning podcast, Breaking Free: A Modern Divorce Podcast which reached over 3 million listeners, Susan recently launched her fresh and inspiring new podcast, The Divorce and Beyond Podcast with Susan Guthrie, Esq. which debuted on iTunes “Top Podcasts” List for self-help podcasts. Divorce & Beyond is focused on pulling back the curtain on the mysteries of the divorce process and bringing tips and resources to help people to thrive and shine in their new future beyond divorce.


Follow us on Instagram:  Susan GuthrieThe Divorce & Beyond Podcast and Learn to Mediate Online!


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