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:
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:
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 (firstname.lastname@example.org) if I may be of assistance.
Happy New Year!!!
… Just something to think about.
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