U.S. Supreme Court,
Alternative Dispute Resolution
May 19, 2010
Will Mediation Become a Safe Haven for Attorney Malpractice?
J. Daniel Sharp of Crowell & Moring examines the history of mediation confidentiality and how courts have shaped this concept.
For the second time in six months, the California Court of Appeal has ventured into the thicket of "mediation confidentiality" and emerged with a controversial 2-1 opinion allowing statements made during mediation to be admitted into evidence. Porter v. Wyner (2d Dist., Div. 8, No. B211398, April 8, 2010, modified May 10, 2010), raises the question of whether a client who is injured by his lawyer's negligent advice during a mediation is prohibited from proving the lawyer's wrongdo...
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