Civil Litigation,
Law Practice,
Ethics/Professional Responsibility,
Alternative Dispute Resolution
Apr. 23, 2016
Mediation confidentiality still uncertain
Cassel v. Superior Court (2011) supposedly settled the issue of mediation confidentiality in California. Of course, it didn't.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Cassel v. Superior Court (2011) supposedly settled the issue of mediation confidentiality in California, therein defined as, "With specified statutory exceptions, neither 'evidence of anything said,' nor any 'writing,' is discoverable or admissible 'in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which ... testimony can be compelled to be given,' if the statement was made, or the writing was prepared, 'for the purpose of, ...
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