“mediation confidentiality”

/Tag: "mediation confidentiality"
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 [...]

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 [...]

3 10, 2017

Sunk Costs and the California Law Revision Commission

By |2017-09-29T14:55:42+00:00October 3rd, 2017|Legislature|1 Comment

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 [...]

18 08, 2017

Commenting on Tentative Recommendation

By |2017-08-15T11:35:44+00:00August 18th, 2017|Legislature|1 Comment

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+00:00June 28th, 2017|Legislature|1 Comment

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 [...]

16 06, 2017

Aren’t My Notes Confidential?

By |2017-05-30T15:36:39+00:00June 16th, 2017|Court Cases, Uncategorized|1 Comment

I stumbled across an article about a case filed in court, Jane Doe v Proskauer Rose LLP., U.S. District Court (D. C.), case No. 1:17-cv-00910-ABJ, that absolutely intrigues me as a mediator. Using the pseudonym Jane Doe, a female partner in the law firm's District of Columbia office sued the firm for gender discrimination, claiming, [...]