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Perspective

Oct. 6, 2015

Another viewpoint on confidentiality in mediation

In mediation, the confidentiality statutes and associated case authorities have inadvertently shielded all evidence of attorney and mediator malpractice from any subsequent administrative or judicial proceedings. By Nancy Neal Yeend


By Nancy Neal Yeend


In mediation, the confidentiality statutes and associated case authorities have inadvertently
shielded all evidence of attorney and mediator malpractice from any subsequent administrative
or judicial proceedings (see Cassel v. Superior Court, 51 Cal. 4th 113, 138 (2011)),
thus providing a sanctuary. Of course, no one would suggest that it was ever the Legislature's
intent to shiel...

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