Civil Litigation,
Alternative Dispute Resolution
Aug. 13, 2015
Relax, it was part of mediation
Last week, the California Law Revision Commission voted to draft a recommendation removing our current confidentiality protections in mediation.
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.
In Cassel v. Superior Court of Los Angeles County (2011), the California Supreme Court established the rule in cases where it appears that the cherished mediation exception for confidentiality is being applied simply to avoid responsibility for alleged acts of legal malpractice: Not to worry, under Cassel, whatever the lawyer may have done is protected from public scrutiny or evidentiary consideration because it took place as part of the me...
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