Heartland Dispute Resolution Association  (HDRA)
Wednesday, September 20, 2023
11:30am to 12:30pm
Mediator Ethics: Should A Mediator Ask for a Waiver of Liability?
Bill Quatman Esq.
1 KS Ethics CDRE Hour –  Approved
1 KS CLE Hour (No Ethics) – APPROVED
1.2 Ethics MCLE – APPROVED

Once you register and pay, you will be sent the Zoom link the day before the webinar.  If you pay on the website, you will be using HDRA’s PayPal account. (This webinar will not be video-taped to watch at a later date) You need 6 KS CDRE hours for your KS 2024 state approval including one domestic violence hour or one ethics hour.

Mediator Ethics: Should A Mediator Ask for a Waiver of Liability?

Bill Quatman Esq.

Many forms of Mediation Agreement have a clause that requires the participants to waive claims against the mediator – with no limitations, up-front, before the mediator takes any action. What are the ethical and legal implications of such a waiver? Do parties hiring a private mediator expect him or her to insist upon complete immunity? While claims against mediators are rare, what if the mediator reveals some confidential fact or document without consent? Or misstates an offer’s terms? Or errs in drafting a settlement agreement? Should a mediator be held liable for such negligence? Are up-front waivers even valid in your state? This program will delve into the practical, legal and ethical issues surrounding mediator waivers.

Attorney Take Aways.

1. Learn what immunity (if any) mediators have when: court-appointed or privately solicited;
2. Find out which states grant mediators immunity by statute (and the exception);
3. Consider the ethical issues when an attorney/mediator demands immunity by written agreement;
4. Understand the ethical rules in some states about seeking a “prospective waiver” from a client;
5. Learn the limitations (or carve-outs) on prospective waivers against mediators;
6. Understand the arguments against mediator waivers.

BIO

Bill Quatman is a licensed architect and attorney who is past General Counsel to Burns & McDonnell Engineering Co., Inc., and is now a mediator/arbitrator with Quatman ADR in Kansas City. He is an internationally recognized author and speaker on design and construction law. Bill is a past National Board Chair of the Design-Build Institute of America (DBIA) who has given presentations across the United States, in Canada, England and Puerto Rico.  Bill is a Fellow of the American Institute of Architects (FAIA), the Design-Build Institute of America (FDBIA), and in The Construction Lawyers Society of America (CSLA). He has nearly 40 years of experience in the legal, design and construction industries.

Mr. Quatman is the author of several books, who has been named one of The Best Lawyers in America and, in 2023, he was named an ICON of the Missouri Bar by Missouri Lawyers Media.

Future Webinars Scheduled for 2024: 3^rd Wednesday every month: Start time: 11:30am

At this time the HDRA website will only accept one webinar registration at a time.

Please let me know if you are interested in presenting a webinar. Thank you!

                                 Date                                                         Topic

• October 18, 2023: Kansas Office of Judicial Administration – Amanda Jacobson (1 CDRE) (Free)
• November 15, 2023: Interplay Between Ethical Requirements for Attorneys and Mediators – Melanie Worsley J.D. & Lloyd Swartz J.D (1 Ethics CLE, MCLE + 1 Ethics CDRE)
• December 20, 2023: De-escalation Techniques – Tonya Ricklefs (1 CLE + 1 CDRE)

One-hour webinar pricing:                   Two-hour webinar pricing:

HMA Member: $25                                       HMA Member: $45

Non-HMA Member: $40                              Non-HMA Member: $75

Full Time Student: $10                                 Full Time Student: $20