Alternative Dispute Resolution
Jun. 27, 2013
Critical differences in federal and state mediation privilege
Naturally, these two very different approaches to the mediation privilege lead to widely differing results. By Noah B. Steinsapir and John Zaimes
It is imperative that all practicing attorneys understand the differences between the California and the federal mediation privilege. Whether information exchanged in connection with a mediation is admissible will differ greatly depending on if the matter is pending in a California superior court or in a federal courthouse.
In California, the evidence code contains a broad statutory frame work that prevents opposi...
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