Alternative Dispute Resolution
Sep. 28, 2018
Informed consent in mediations taking place in California
The almost absolute protection for mediation confidentiality stems from California’s Evidence Code Sections 1115-1128 enacted in 1997.
Phyllis G. Pollack
Principal
PGP Mediation
commercial, real estate, employment, personal injuryand copyright matters
Phone: (213) 630-8810
Fax: (213) 630-8890
Email: Phyllis@pgpmediation.com
Tulane University School of Law, 1977
Phyllis has been a mediator for nearly 20 years and conducted more than 1,800 mediations in all areas of the law including business, international trade, real estate, employment and lemon law.
Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to explain the process of mediation and more importantly, the consequences of mediation confidentiality: That one's statements and conduct occurring in mediation ordinarily are not admissible in a later court proceeding. Should one side be unhappy with the settlement, the party cannot use what occurred during mediation...
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