Judges and Judiciary,
Government,
California Supreme Court,
State Bar & Bar Associations,
Alternative Dispute Resolution
Feb. 9, 2018
Will ‘informed consent’ save mediation confidentiality?
Senate Bill 954 would put responsibility on attorneys to explain the possible consequences of mediation confidentiality and obtain written consent before proceeding.
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.
California Supreme Court Justice Ming W. Chin's concurring opinion in Cassel v. Superior Court, 51 Cal. 4th 113, 117 (2011), appears to have been the motivation for the California Law Revision Commission's recent recommendation for a mediation confidentiality exception to Evidence Code Section 1119, in cases of alleged legal malpractice and other misconduct by lawyers.
In that case, the client accused his ...
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