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California Supreme Court

Jan. 15, 2011

Mediation Records Off Limits in Litigation

What happens in mediation stays in mediation, even if it involves alleged attorney malpractice, the state Supreme Court ruled Thursday.


By Laura Ernde


Daily Journal Staff Writer


What happens in mediation stays in mediation, even if it involves alleged legal malpractice, the state Supreme Court ruled Thursday.


Justice Marvin R. Baxter, writing for a unanimous court, said the Legislature made it clear in 1997 that anything said in mediation is confidential and can't be used in litigation later. The purpose was to encourage more disputes to be settled out of court. Cassel...

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