Law360, New York ( August 30, 2016, 11:51 AM EDT) -- In his recent Law360 article titled "Beware the 'Standard' Mediation Confidentiality Agreement," mediator Jeff Kichaven observes that some mediation confidentiality agreements seek to prospectively release the mediator from liability to a mediation participant for any act or omission that may occur in connection with the mediation. He provides a thoughtful discussion of the potential risks inherent in executing what he characterizes as the "standard" mediation confidentiality agreement. Kichaven asks whether, by signing such an agreement, a lawyer surrenders the power to protect his client against mediator fraud, malpractice or inappropriate mediation conduct....