Alternative Dispute Resolution
Oct. 31, 2012
The wisdom of mediation confidentiality is up for debate
Some legal experts are questioning whether confidentiality rules that shield mediators from malpractice liability are serving the best interests of litigants.
Daily Journal Staff Writer
For some legal observers, when it comes to alternative dispute resolution, silence is anything but golden.
The state's mediation confidentiality law, according to the California Evidence Code, mandates that anything said in the course of a mediation consultation or during the course of the mediation is not admissible as evidence in any follow-on litigation. To its critics, the law gives cl...
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