“mediation confidentiality”

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

16 06, 2017

Aren’t My Notes Confidential?

By | 2017-05-30T15:36:39+00:00 June 16th, 2017|Court Cases, Uncategorized|0 Comments

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, [...]

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 [...]

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 [...]

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 [...]

30 09, 2016

The CLRC September 2016 meeting: Time to begin drafting !

By | 2017-01-09T11:59:18+00:00 September 30th, 2016|News articles|0 Comments

The California Law Revision Commission met once again on September 22, 2016 to discuss its Study K-402- Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct. At its prior meeting, the Commission (or CLRC) requested Barbara Gaal, Chief Deputy Counsel to address the issue of requiring a certification on the merits by an attorney [...]

2 09, 2016

The Ninth Circuit Reaffirms Federal Mediation Privilege

By | 2017-01-09T11:59:23+00:00 September 2nd, 2016|Court Cases|0 Comments

Once again, the Ninth Circuit Court of Appeals has held that pursuant to Federal Rule of Evidence 501, federal privilege law applies to a claim of mediation confidentiality in an action involving both federal and state law claims. In In Re: TFT-LCD (Flat Panel) Antitrust Litigation, Case No. 14-15916 (filed September 1, 2016), the Ninth [...]

29 07, 2016

What The California Law Revision Commission Just Decided!

By | 2017-05-13T07:42:19+00:00 July 29th, 2016|Legislature|0 Comments

On July 22, 2016, the California Law Revision Commission (CLRC) held its meeting to discuss, among other topics, mediation confidentiality. In preparation for the meeting, Chief Deputy Counsel Barbara Gaal prepared memoranda addressing the use of Preliminary In Camera Filtering processes (Memo 2016-38 and First Supplement to Memo 2016-38) and Possible Questions for the State [...]