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Category: Confidentiality

Canada’s Proposed Privacy Bill C-36 author.

Canada’s Proposed Privacy Bill C-36

By Robert Bergman, CEO of Southwest Management Technology Canada’s proposed Bill C-36 represents one of the most significant privacy law...

By Robert Bergman
Mediator Proposals: Timing, Function, and the Risk of Premature Use author.

Mediator Proposals: Timing, Function, and the Risk of Premature Use

Mediator proposals are a well-established tool within the mediation process, often relied upon when negotiations appear to stall or when...

By Jason Hisey
Agreement to Mediate That Incorporates Artificial Intelligence (AI) Use author.

Agreement to Mediate That Incorporates Artificial Intelligence (AI) Use

Introduction: The following Agreement to Mediate updates previous iterations by directly addressing the use of Artificial Intelligence in mediation for...

By Jim Melamed
International Council for Online Dispute Resolution (ICODR) Standards author.

International Council for Online Dispute Resolution (ICODR) Standards

With the rapid growth of ODR in a number of sectors it is vital to establish ethical standards to undergird...

By Colin Rule
AI, Confidentiality, and Privacy Risks in Mediation and Arbitration author.

AI, Confidentiality, and Privacy Risks in Mediation and Arbitration

Artificial intelligence is rapidly becoming part of everyday ADR practice. Mediators and arbitrators now encounter AI tools in document review,...

By Robert Bergman
Integrating AI into IP Mediation author.

Integrating AI into IP Mediation

The following slide presentation will be utilized by Jim Melamed for his session “Integrating AI into IP Mediation” offered by...

By Jim Melamed
The Mediate.com Story:  AI in Mediation Confidentiality Issues author.

The Mediate.com Story: AI in Mediation Confidentiality Issues

Table of Contents Agreement to Mediate – AI Confidentiality Provision Below is a provision that can be added to an...

By Jim Melamed
The Privacy Patchwork in 2026 author.

The Privacy Patchwork in 2026

What Compliance-Oriented Teams in Legal, Healthcare, and Finance Actually Need to Watch A few weeks ago, a colleague on our...

By Robert Bergman
Agreement to Mediate – Confidential AI Use in Mediation author.

Agreement to Mediate – Confidential AI Use in Mediation

Below is a provision that can be added to an Agreement to Mediate to preserve and extend mediation contractual confidentiality....

By Jim Melamed
AI in Legal Practice: What Heppner v. US Means for Lawyers, Mediators, and Arbitrators author.

AI in Legal Practice: What Heppner v. US Means for Lawyers, Mediators, and Arbitrators

For the sake of transparency and self-protection, let me start by saying I am not an attorney, and I am...

By Robert Bergman
Caucus: A Blessing and a Curse in Mediation author.

Caucus: A Blessing and a Curse in Mediation

Caucus is often treated as the backbone of modern mediation. It is the go-to move when things stall, emotions rise,...

By Jason Hisey
The International Association of Privacy Professionals (IAPP) author.

The International Association of Privacy Professionals (IAPP)

The International Association of Privacy Professionals is a global membership organization focused on privacy, data protection, and AI governance. It...

By Robert Bergman
ABA Formal Opinion 518: Redefining Ethical Boundaries in Mediation author.

ABA Formal Opinion 518: Redefining Ethical Boundaries in Mediation

Neutrality Is Not a Style — It Is a Structural Obligation When lawyers step into mediation as neutrals, they often...

By Harshitha Ram
The AI Productivity Paradox: Saving Time Takes Time author.

The AI Productivity Paradox: Saving Time Takes Time

“I know AI could help – but I just don’t have time to learn it.” If that sounds familiar, you’re...

By John Lande
Does a Mediator Blow Privilege By Using AI? author.

Does a Mediator Blow Privilege By Using AI?

The Question? Last week a California colleague forwarded me the following question. If I as the mediator put confidential case information...

By Ron Kelly
What Happens Before the Room author.

What Happens Before the Room

Why Mediation Needs a Preparation Methodology — Not Just Preparation Time Ask an experienced mediator where a session is most...

By Jurie Groenewald
How Legal and Dispute Resolution Professionals Can Manage AI Risks author.

How Legal and Dispute Resolution Professionals Can Manage AI Risks

My latest Theory Meets Practice column in CPR’s Alternatives magazine, How Legal and Dispute Resolution Professionals Can Manage AI Risks, explains how to assess and...

By John Lande
Protecting Clients, Preserving Privilege, and Avoiding Liability: Why Legal Professionals Must Use Redaction Tools Before Using AI author.

Protecting Clients, Preserving Privilege, and Avoiding Liability: Why Legal Professionals Must Use Redaction Tools Before Using AI

In an era where artificial intelligence is speeding up legal workflows (for attorneys, arbitrators, and mediators) and transforming document review,...

By Robert Bergman
The 8 AI Ethics Trends Creating Unprecedented Practice-Building Opportunities in 2026 author.

The 8 AI Ethics Trends Creating Unprecedented Practice-Building Opportunities in 2026

More from Susan's Practice Playbook Series Copyright battles. Deepfake litigation. AI agent liability. These aren't emerging practice areas anymore. They're...

By Susan Guthrie
Forum Video: Final Report of Mediate.com Task Force on Online Mediation author.

Forum Video: Final Report of Mediate.com Task Force on Online Mediation

This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force...

By Forrest (Woody) Mosten, Jim Melamed
Just Published: Global Standard for Privacy Information Management Systems (PIMS). Summary for Legal and Dispute Resolution Professionals author.

Just Published: Global Standard for Privacy Information Management Systems (PIMS). Summary for Legal and Dispute Resolution Professionals

Summary: This article provides excerpts summarizing the ISO/IEC 27701:2025 standard, which establishes the global framework for Privacy Information Management Systems...

By Robert Bergman
Ethics in Mediation: The Subtle Terrain of Conflict of Interest author.

Ethics in Mediation: The Subtle Terrain of Conflict of Interest

Not long ago, I was appointed as a mediator in a two-party conflict. One of the parties was known to...

By Tara Ollapally
ICODR Standards for AI in ODR Focus on Ethical and Practical Considerations for Using AI in Dispute Resolution Processes author.

ICODR Standards for AI in ODR Focus on Ethical and Practical Considerations for Using AI in Dispute Resolution Processes

ICODR (International Council for Online Dispute Resolution) standards for AI in ODR (Online Dispute Resolution) focus on ethical and practical...

By Colin Rule
The Mediator’s Ethical and Strategic Imperative: Navigating Accusations of Untruth in Dispute Resolution author.

The Mediator’s Ethical and Strategic Imperative: Navigating Accusations of Untruth in Dispute Resolution

Executive Summary When a party in mediation claims, "You're lying," a mediator's role is not to serve as a judge...

By Ed Timken
Mastering Mediation Advocacy: Essential Skills for the Modern Litigator author.

Mastering Mediation Advocacy: Essential Skills for the Modern Litigator

In a recent New York Law Journal article, John Siffert and co-author Nelson Timken propose that litigators start to view...

By Ed Timken, John Siffert
Introducing Mediate.info! author.

Introducing Mediate.info!

Mediate.info is your trusted source for understanding and navigating the world of conflict resolution. Whether you’re dealing with a family disagreement,...

By Colin Rule, Clare Fowler, Jim Melamed
Model Standards for Family and Divorce Mediation (2025 Update) author.

Model Standards for Family and Divorce Mediation (2025 Update)

The Association of Family and Conciliation Courts and the ABA Section of Family Law are proud to share these newly updated 2025 Model Standards...

By Jim Melamed
Why Mediation Is a Smarter Choice Than Eviction for California Landlords (Property Owners) and Tenants (Residents) author.

Why Mediation Is a Smarter Choice Than Eviction for California Landlords (Property Owners) and Tenants (Residents)

In California’s challenging housing landscape, disputes between landlords (Property Owners) and tenants (Residents) are not uncommon. Whether it's unpaid rent,...

By Melinda Feldman
Protecting Client and Financial Data in Your Mediation Profession author.

Protecting Client and Financial Data in Your Mediation Profession

Mediation professionals have a responsible and ethical duty to stay in the loop on numerous developments in this sector, from...

By Dakota Murphey
The Role of Neutrality in Conflict Resolution author.

The Role of Neutrality in Conflict Resolution

Neutrality is a cornerstone of effective conflict resolution, particularly in mediation settings. It establishes an environment where all parties feel...

By Jharna Jagtiani

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