So Much For Mediation Confidentiality!

One of the most important aspects if not THE most important aspect about mediations is that they are confidential. What is said by the parties and/or mediator during a mediation stays there. This is absolutely necessary to encourage forthright disclosure, build trust and rapport among the parties, trust in the [Read More]

By |May 22nd, 2020|Court Cases|

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 [Read More]

By |January 4th, 2019|Legislature|

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|

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|

Sunk Costs and the California Law Revision Commission

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 [Read More]

By |October 3rd, 2017|Legislature|

Commenting on Tentative Recommendation

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, [Read More]

By |August 18th, 2017|Legislature|