Alternative Dispute Resolution
Mar. 30, 2013
Time to roll back the mediation privilege
Bottom line, the mediation privilege has gone too far. It is time to reel it in and return to a sensible privilege that does not infringe on parties' rights. By Allen B. Grodsky
Over the years, the Legislature and the California Supreme Court have expanded the mediation privilege far beyond what it needs to be to serve its purpose - that is, to encourage the candor necessary for a successful mediation. The last straw was Cassel v. Superior Court, 51 Cal. 4th 113 (2011), in which the state Supreme Court interpreted the mediation privilege to cover confidential communications between a lawyer and client at the me...
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