Alternative Dispute Resolution
Dec. 15, 2009
The Co-Existence of Two Privileges
Peter Kunstler of Makarem & Associates comments on the issue of mediation confidentiality and the attorney-client privilege.
By Peter Kunstler
The recent decision of the Court of Appeal (2nd District) in Cassel v. Superior Court (Wasserman, Comden, Casselman & Pearson LLP, et al.), No. B215215 has attracted a great deal of attention about the effect of this case on the principles governing mediation confidentiality. The court held that communications exclusively between attorney and client do not qualify for the protections of mediation confidentiality in a lawsuit by a client against hi...For only $95 a month (the price of 2 article purchases)
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