Civil Litigation,
Law Practice,
Judges and Judiciary,
Alternative Dispute Resolution
Oct. 20, 2017
We all agree on mediation confidentially
This is rare: Both the organized plaintiffs' bar and the organized defense bar believe our current right to choose confidential mediation best serves their clients.
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.
As a matter of California public policy, mediation confidentiality is protected as an evidentiary exclusion. See Evidence Code Section 1119. Along with the attorney-client privilege and the attorney work product immunity, mediation confidentiality encourages freedom of expression between the parties to the settlement process, their attorneys, the mediator and with each other. Protection extends to all discussions conducted $95
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