Civil Litigation
Aug. 3, 2011
The final word on mediation confidentiality in California
Now that the issue of mediation confidentiality is settled, how can mediators, counsel and parties protect themselves?
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.
On July 27, Division 8 of the 2nd District Court of Appeal delivered its unpublished opinion in Porter v. Wyner et.al, following transfer from the state Supreme Court, thus completing the current review of California mediation confidentiality considered earlier by our high court in Simmons v. Ghaderi 44 Cal.4th 570 (holding that there can be no implied waiver of the mediation confidentiality statutes), and subsequently by Cassel v. Superior Court 51 Cal.4th 1...
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