Informed Consent in Mediations Taking Place in California

Informed Consent in Mediations Taking Place in California Originally published in the Daily Journal, September 28, 2018. Download the PDF Version of the Article Here Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to [Read More]

New Mediation Confidentiality Law

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 [Read More]

By |September 12th, 2018|Legislature|

New Rules

After many years of study and discussion, the California Supreme Court has finally adopted a modified version of the ABA Model  Rules of Professional Conduct. By order entered  May 10, 2018, the Court approved the request of the Board of Trustees of the State Bar for approval of comprehensive amendments [Read More]

By |June 15th, 2018|Legislature|

An Update on Prior Disclosure.

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 [Read More]

By |April 27th, 2018|Legislature|

DOA: Exception to Mediation Confidentiality

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 [Read More]

By |March 2nd, 2018|Legislature|

Study K-402; Almost to the Legislature!

On January 5, 2018, The California Law   Revision Commission (CLRC) published it Pre-Print Recommendation on its Study K-402- Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct. The Note at the bottom of the page cautions that that the CLRC has approved the substance of the report; minor editorial [Read More]

By |January 10th, 2018|Legislature|

On to The Legislature!!

In a hearing on December 1, 2017 lasting one hour beyond the scheduled end time, the California Law Revision Commission (“CLRC”) gave its final approval to the Tentative Recommendation issued in June 2017 to create certain exceptions to mediation confidentiality.  Its final approval is subject to the chair and /or [Read More]

By |December 8th, 2017|Legislature|
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