Civil Litigation,
Letters,
Alternative Dispute Resolution
Oct. 7, 2015
Keep mediation fully confidential
Another point of view on the California Law Revision Commission's proposal to limit confidentiality in mediation in the event of a malpractice claim.
Fern Topas Salka
Fern is an attorney based in Los Angeles. She writes on behalf of FLAMES (Family Law Mediators Engaged in Study, a group of attorneys composed of Jill Cohen, Kimberly Davidson, Franklin R. Garfield, Frederick E. Glassman, Jeffrey Jacobson, Michelle Katz, Dvorah Markman, Judith C. Nesburn, Joan Patsy Ostroy, Ronald Rosenfeld, Fern Topas Salka, Elizabeth Potter Scully, Peter Spelman, Joseph Spirito, Ronald Supancic, Heidi Tuffias, and Bonnie Yaeger).
As you know from recent coverage in the Daily Journal, the California Law Revision Commission has decided to draft legislation to provide an exception to mediation confidentiality in the event of a malpractice claim. Their decision is taking California law in a regrettable about-face of a policy that, in the words of mediation advocate Ron Kelly, "has served California, and its families in transition, very well for over thirty years." As noted by ...
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