Mediation Confidentiality: An Inappropriate Shield Against Legal Malpractice Claims or An Essential Element of Effective Dispute Resolution?
The scope of mediation confidentiality is being reconsidered. The California Law Revision Commission has tentatively decided to recommend that the law be changed to allow confidential information and private matters revealed in mediations to be disclosed — possibly in open court — in order to permit clients to bring malpractice actions based on a lawyer’s conduct in a mediation. Two mediators familiar with the current state of the Law Revision Commission’s deliberations will present an update on the Commission’s current proposals and an opportunity for dialog on this effort to roll back the scope of mediation confidentiality in legal malpractice cases.
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: email@example.com