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3 10, 2017

Sunk Costs and the California Law Revision Commission

By | 2017-09-29T14:55:42+00:00 October 3rd, 2017|Legislature|0 Comments

On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402). The clear majority of the comments opposed the Tentative Recommendation. Retired Judge David Long testified that he [...]

29 09, 2017

Expanding The Benefits of An Apology!

By | 2017-09-15T13:57:01+00:00 September 29th, 2017|Legislature|0 Comments

On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law ( Apology Ordinance (Cap. 631)) which will take effect on December 1, 2017. (Kluwer Mediation Blog (“Kluwer”)). The Apology Law is broad reaching in its definition and effect. Section 4 defines the meaning of “apology”: (1) In this Ordinance, an apology made by [...]

18 08, 2017

Commenting on Tentative Recommendation

By | 2017-08-15T11:35:44+00:00 August 18th, 2017|Legislature|0 Comments

On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). All public comments should be received by the Commission no later than September 1, 2017. The CLRC just issued its Agenda for its September 28, 2017 meeting at the State [...]

28 06, 2017

The CLRC’s Tentative Recommendation on Mediation Confidentiality!

By | 2017-06-27T14:53:39+00:00 June 28th, 2017|Legislature|0 Comments

On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for "legal malpractice" occurring in a mediation context. All public comments should [...]

2 06, 2017

The CLRC’s Almost Final Tentative Recommenation on Mediation Confidentiality

By | 2017-06-01T13:00:42+00:00 June 2nd, 2017|Legislature|0 Comments

  On May 30, 2017, Chief Deputy Counsel Barbara Gaal, Esq. posted Memorandum 2017-30 containing most probably the final draft of the Tentative Recommendation of the CLRC on its study to create an exception to mediation confidentiality (Study K-402). While one or two issues remain for discussion at its June 8, 2017 meeting, the Commissioners [...]

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 [...]