The California Law Revision Commission’s proposed legislation — which would strip mediation communications of their confidentiality where they are relevant to a claim of legal malpractice arising out of a mediation — has been available for comment since June of this year. And it has drawn a great deal of comment, both pro and con.
Included is opposition from the Honorable Raymond M. Cadei, of the Civil and Small Claims Advisory Committee of the Judicial Council of California. In these Comments, this Committee of the California Judicial Council expresses concern that “there has not been a sufficient showing that attorney misconduct in mediation is frequent enough to justify the risks” that adoption of the proposal “could discourage both participation and candid discussions in mediation”; “could discourage individuals from serving as mediators, particularly in court-connected mediation programs; and might “increase the number of malpractice claims brought” as a “means of providing leverage to change settlement agreements reached in mediation”.
Lee Blackman is the Principal of Blackman ADR Services (www.BlackmanADR.com). His focus is mediating commercial, civil rights, intellectual property, and real estate disputes.He is a member of the Mediator Panel of the U.S. District Court for the Central District of California, a member of the Executive Committee of the Los Angeles County Bar Association's Attorney-Client Mediation and Arbitration Service, a volunteer mediator for the Los Angeles Superior Court, a LASC Temporary Judge, and a member of the SCMA Board of Directors.He received the Benjamin Aranda Public Service Award from the Los Angeles County Bar Association for his public service to the Center for Civic Mediation.
Lee L. Blackman Blackman ADR Services website: www.blackmanadr.com phone: 310-346-6926 email: firstname.lastname@example.org