Attached below is a pdf copy of a letter submitted on behalf of SCMA to Barbara Gaal, Chief Deputy Counsel of the California Law Review Commission, regarding the Commission’s ongoing study concerning possible revisions to the Evidence Code with respect to mediation confidentiality. Following the letter is a response from Ms. Gaal, with a link to the Commission’s study that you might find to be of interest.
I would like to thank the members of the SCMA Ad Hoc Committee on Mediation Confidentiality — Joe Markowitz, Mike Young, Bob Flack, Lee Blackman, Phyllis Pollack and Maurice Attie — who took the laboring oar in drafting the letter for my ultimate review, revision and approval.
We will continue to keep you apprised of ongoing developments as they occur. And, as noted in my post of last week, we are planning a Town Hall for March to discuss mediation confidentiality and other issues. So stay tuned!
Hoping to see as many of you as possible at the Holiday Party this Friday!!
Floyd J. Siegal, President
Southern California Mediation Association
Dear Mr. Siegal,
On behalf of the Law Revision Commission, I want to thank you and the members of SCMA for commenting on the Commission’s ongoing study of the relationship between mediation confidentiality and attorney malpractice and other misconduct.
The staff will present SCMA’s comments in a supplemental memorandum that will be distributed at the Commission meeting scheduled for Thursday, December 10, 2015, in Los Angeles. That meeting will be open to the public and time will be provided for public comment. The tentative agenda is available here.
Further information on the Commission’s study is available here. At the bottom of that webpage, you and other SCMA members can subscribe to be notified when additional materials relating to the study (including the supplemental memorandum with SCMA’s comments) are posted to the Commission’s website.
A description of the Commission’s study process is available here.
The Commission recently completed its background work for this study and began the process of formulating a tentative recommendation. That is just a preliminary stage of the Commission’s study process. The Commission is still a long way from approving a final recommendation for submission to the Legislature.
Draft minutes of the most recent Commission meeting (Oct. 8, 2015) are available here. The Commission often substantially revises a proposal in response to comments it receives.
Additional comments are welcome at any time.