New Disclosure Rule!

First and foremost, I would like to wish everyone a very Happy New Year; I hope that it proves to be a happy, healthy and very prosperous one for each of you.

As I am still recovering from the holidays, I decided to post a blog about a very big change in the law regarding mediations. Starting January 1, 2019,   attorneys in California are now required to  provide to their client a Mediation Disclosure Notification and Acknowledgment form to their client “…as soon as reasonably possible before the client agrees to participate in a mediation or a mediation consultation…” and to have their client sign this form. This form discusses the restrictions surrounding mediation confidentiality.  (Evidence code 1129.)

A brief recap of the statute and the form is reprinted below from an earlier article I wrote on the topic:

As many of you are aware, the Legislature  passed and the Governor signed SB 954 in September 2018 which starting on January 1, 2019 requires attorneys prior to a mediation  to discuss with their clients the various confidentiality restrictions occurring during a mediation and to have their clients sign a form acknowledging this discussion and their understanding.

For those who would like to learn more about new Evidence Code Section 1129 which  went into effect on January 1, 2019, I am pleased to refer you to my article which appeared in the Daily Journal on September 28, 2018:

https://gallery.mailchimp.com/456966efdaf00e806b9beee45/files/4397eef8-03c0-44b5-a0c2-0260597c42e3/VWZ_DJ_9_28_18_.pdf

To assist you in complying with the new statute, I am attaching a copy of the Acknowledgment Form that is set out in Evidence Code 1129:

https://b3law.com/wp-content/uploads/2018/09/Mediation_Disclosure_Notification_and_Acknowledgment.pdf

If you have any questions about the new statute or the form, I would be pleased to provide you with assistance.

In the meanwhile, thank you for your business and support in 2018. You made my year a wonderful one. I look forward to working with each of you in 2019.

And, as always, do not hesitate to contact me by phone (213-630-8810) or email (phylis@pgpmediation.com)  if I may be of assistance.

Happy New Year!!!

… Just something to think about.

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By |2019-01-03T14:16:29+00:00January 4th, 2019|Legislature|0 Comments

About the Author:

Phyllis Pollack
Phyllis G. Pollack, Esq. the principal of PGP Mediation (www.pgpmediation.com), has been a mediator in Los Angeles, California since 2000. She has conducted over 1700 mediations. As an attorney with more than 35 years experience, she utilizes her diverse background to resolve business, commercial, international trade, real estate, employment and lemon law disputes at both the state and federal trial and state appellate court levels. Currently, she is the in­coming chair of State Bar of California’s ADR Committee. She has served on the board of the California Dispute Resolution Council (CDRC) (2012­2013), is a past president and past treasurer of the SCMA Education Foundation (2011­2013) and a past president (2010) of the Southern California Mediation Association (SCMA). Ms. Pollack received her BA degree in sociology in 1973 from Newcomb College of Tulane University and her JD degree from Tulane University School of Law in 1977. She is an active member of both the Louisiana and California bars. Pollack believes that it is never too late to mediate a dispute and recommends mediation over litigation as it allows the parties to decide their own solutions.