Legislature

26 10, 2018

Informed Consent in Mediations Taking Place in California

By |2018-10-27T09:33:23+00:00October 26th, 2018|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Informed Consent in Mediations Taking Place in California Originally published in the Daily Journal, September 28, 2018. Download the PDF Version of the Article Here Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to explain the process of mediation [...]

12 10, 2018

Another Attempt to Create an Exception to Mediation Confidentiality.

By |2018-10-01T12:09:54+00:00October 12th, 2018|Legislature|0 Comments

Several weeks ago, I posted a blog about the enactment of Senate Bill 954 as Evidence Code section 1129. This new law effective January 1, 2019 requires counsel to obtain a written acknowledgement from their clients as soon as is reasonably possible after agreeing to mediation or to a mediation consultation that they understand the [...]

12 09, 2018

New Mediation Confidentiality Law

By |2018-09-12T18:14:38+00:00September 12th, 2018|Legislature|0 Comments

On September 11, 2018, Governor Jerry Brown signed  SB 954 which (when it takes effect on January 1, 2019) will require attorneys to inform their clients of the confidentiality restrictions related to mediation and to obtain their clients’ written acknowledgment that this disclosure has been made to them and that they understand it. While this [...]

15 06, 2018

New Rules

By |2018-06-01T13:27:03+00:00June 15th, 2018|Legislature|1 Comment

After many years of study and discussion, the California Supreme Court has finally adopted a modified version of the ABA Model  Rules of Professional Conduct. By order entered  May 10, 2018, the Court approved the request of the Board of Trustees of the State Bar for approval of comprehensive amendments to California's ethics rules for [...]

27 04, 2018

An Update on Prior Disclosure.

By |2018-04-26T12:22:25+00:00April 27th, 2018|Legislature|0 Comments

As some of you may recall, the California Law Revision Commission issued its Tentative Recommendation late last year to create an exception to mediation confidentiality. However, the proposed statute could not find a sponsor and so never got introduced into the legislature. Instead, Senator Wieckowski introduced SB 954 on January 30, 2018 which would add [...]

2 03, 2018

DOA: Exception to Mediation Confidentiality

By |2018-02-26T11:55:15+00:00March 2nd, 2018|Legislature|0 Comments

In the spring of 2013, the California Law Revision Commission began its study K-402- on creating an exception  to mediation confidentiality for attorney malpractice and other attorney misconduct. In June 2017, it issued its Tentative Recommendation which I have extensively discussed in previous blogs. Although, the opposition  to the Tentative Recommendation was overwhelming , the [...]

10 01, 2018

Study K-402; Almost to the Legislature!

By |2018-01-09T12:58:28+00:00January 10th, 2018|Legislature|0 Comments

On January 5, 2018, The California Law   Revision Commission (CLRC) published it Pre-Print Recommendation on its Study K-402- Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct. The Note at the bottom of the page cautions that that the CLRC has approved the substance of the report; minor editorial changes may be made before [...]

8 12, 2017

On to The Legislature!!

By |2017-12-07T16:21:22+00:00December 8th, 2017|Legislature|0 Comments

In a hearing on December 1, 2017 lasting one hour beyond the scheduled end time, the California Law Revision Commission (“CLRC”) gave its final approval to the Tentative Recommendation issued in June 2017 to create certain exceptions to mediation confidentiality.  Its final approval is subject to the chair and /or vice chair approving further language [...]