Alternative Dispute Resolution,
California Supreme Court
Feb. 18, 2011
Mediation, Confidentiality and Anarchy: The California Nightmare
California's mediation confidentiality statute is a recipe for disaster.
Jeff Kichaven
Mediator
Jeff Kichaven Commercial Mediation
Insurance coverage, trade secrets, trademark, copyright, patent, liability, legal malpractice, commercial disputes
515 S Flower St, Fl 18
Los Angeles , CA 90071-2221
Phone: (888) 425-2520
Email: jk@jeffkichaven.com
Harvard University Law School
Mediation confidentiality has gone too far.
In Cassel v. Superior Court, 2011 DJDAR 658 (Jan. 13), the state Supreme Court faithfully construed the mediation confidentiality statute, Evidence Code Section 1119, to exclude evidence of what a lawyer said at a mediation, when offered to prove that lawyer's alleged malpractice. A lawyer who may have damaged a client therefore skates without a trier of fact ever considering the case on the merits. Other torts that may take place...
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