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State Bar & Bar Associations,
Law Practice

Jun. 7, 2023

Proposed law would gut mediation confidentiality, many groups say

"It would severely undermine the statutory purpose of mediation confidentiality, which is to encourage the resolution of disputes by promoting a candid and informal exchange between participants," said Joanna Barron, executive vice president of ADR Services Inc.

A California lawmaker thinks the private dispute resolution industry played a role in the Tom Girardi debacle. But his bill to put the practice under the oversight of the State Bar has prompted an usual opposition coalition united by one idea -- that AB 924 is a threat to litigants' privacy.

"If AB 924 becomes law in its current form, anything you or others say in mediation you may be subpoenaed to repeat under oath if any of the other participants later complains about th...

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