Alternative Dispute Resolution,
California Supreme Court
Feb. 19, 2011
Mediation in California, Now Officially A Safe Haven for Attorney Malpractice
The judiciary has adopted an interesting interpretation of legislative intent as it applies to California's mediation confidentiality statute.
J. Daniel Sharp
Crowell & Moring LLPYou may not know this, but in 1997 the California Legislature decided that putting up with a few acts of fraud and duress is an acceptable price to pay for the benefits of mediation. It is a safe wager that none of our legislators are aware that they intended to immunize tortious conduct; however, such is the result dictated by the "plain meaning" of the Evidence Code, at least in the eyes of the state Supreme Court.
Recently the Court held that Evidence Code 1119 precludes a client...For only $95 a month (the price of 2 article purchases)
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