20 04, 2017

The CLRC Inches Towards the Finish Line

By | 2017-05-13T07:40:06+00:00 April 20th, 2017|Legislature|0 Comments

On April 13, 2017, the California Law Revision Commission (CLRC) met once again to discuss mediation confidentiality as well as other topics. In preparation for this meeting, Barbara Gaal, Chief Deputy Counsel posted Memorandum 2017-19 which contains the almost final version of the Tentative Recommendation that will probably be posted for public comment after the [...]

24 02, 2017

Will A Case Be Codified As Law?

By | 2017-05-13T07:40:39+00:00 February 24th, 2017|Legislature|0 Comments

In the context of a marital dissolution proceeding, is there (or should there be) an exception to mediation confidentiality (California Evidence Code section 1119) for financial disclosures “prepared for the purpose of” and used “in the course of … the mediation?” (Evidence Code section 1119). The Legislature believes so; On February 1, 2017, Senator Wieckowski [...]

7 02, 2017

Just about at the end!

By | 2017-05-13T07:40:46+00:00 February 7th, 2017|Legislature|0 Comments

On February 2, 2017, the California Law Revision Commission (CLRC) held its regular meeting in which it once again discussed mediation confidentiality. While the Commissioners seemingly did not make any great strides, at the same time, they did. I make this contradictory statement because at its September 2016 meeting, the Commissioners asked Staff Counsel to [...]

20 01, 2017

WOW! What a lot of laws!

By | 2017-05-13T07:41:01+00:00 January 20th, 2017|Legislature|0 Comments

Once again, the California Legislature was hard at work in 2016 passing 893 laws, most of which went into effect on New Year’s Day, 2017. While most of them are probably relevant addressing critical issues, there are a few that provide wonderment, invoking the question, “why?” and “what is the true motivation, here?” (or in [...]

8 12, 2016

Exception to Mediation Confidentiality: Moving Forward

By | 2017-05-13T07:41:20+00:00 December 8th, 2016|Legislature|0 Comments

On December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to discuss its Study K-402-Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct.   In each of its meetings in and after August 2016, the CLRC decided to create the exception and made other recommendations on this topic. At its last meeting [...]

18 08, 2016

Mediation Confidentiality: Where We Stand in 2016

By | 2017-05-13T07:42:02+00:00 August 18th, 2016|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Where we stand on mediation confidentiality, both in California since the Cassel decision and in the Ninth Circuit Originally published in The Advocate, August 2016 Issue. Download the PDF Version of the Article Here (PDF, 250Kb) Phyllis Pollack. Photograph by Jonah Light During the past year, there have been two interesting developments regarding [...]

29 07, 2016

What The California Law Revision Commission Just Decided!

By | 2017-05-13T07:42:19+00:00 July 29th, 2016|Legislature|0 Comments

On July 22, 2016, the California Law Revision Commission (CLRC) held its meeting to discuss, among other topics, mediation confidentiality. In preparation for the meeting, Chief Deputy Counsel Barbara Gaal prepared memoranda addressing the use of Preliminary In Camera Filtering processes (Memo 2016-38 and First Supplement to Memo 2016-38) and Possible Questions for the State [...]

3 06, 2016

The California Law Revision Commission’s Latest Decisions Re: Mediation Confidentiality

By | 2017-05-13T07:42:46+00:00 June 3rd, 2016|Legislature|0 Comments

On June 1, 2016, the California Law Revision Commission (CLRC) held its meeting in Sacramento and, as in the past, took up mediation confidentiality as the last item on its agenda. It spent approximately 2 hours discussing the topic. Prior to the meeting, Staff Counsel issued 4 memoranda on the topic: Memorandum 2016-27 discussing Preliminary [...]