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Alternative Dispute Resolution

May 12, 2025

Public policy considerations in California's mediation privilege

Mediation aims to promote candor, but critics argue that the privilege can sometimes prioritize secrecy over justice.

Kevin Kayhanian

Senior Attorney
Parker Shaffie LLP

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Brandon Brousseau

Senior Counsel
Parker Shaffie LLP

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Public policy considerations in California's mediation privilege
Shutterstock

California's legal system champions mediation as a path to quick and cost-effective justice. But for some, like Richard Beach, who allegedly lost critical financial security due to bad legal advice, that system appears to slam the courthouse doors shut. In this way, a growing controversy is boiling over California's mediation privilege: Is it a tool for efficient dispute resolution or a shield that protects law...

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