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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 [...]

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 [...]