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 L. Blackman
Blackman ADR Services
Latest posts by Lee L. Blackman (see all)
- CLRC Staff Characterizes the Public Comment on the Pending Proposal as “Decidedly Negative” and Suggests “Careful Reexamination”. - September 27, 2017
- CLRC Proposal to Strip Certain Mediation Communications of their Confidentiality Protections Draws Substantial Public Comment - September 19, 2017
- MEDIATION CONFIDENTIALITY UPDATE — JULY 29, 2016 - August 1, 2016