California Supreme Court,
Alternative Dispute Resolution
Jan. 19, 2011
Mediating Behind Closed Doors
Have we paid too high a price to preserve mediation confidentiality?
Michael D. Marcus
Mediator, ADR Services, Inc.
Judge Marcus (Ret.) has a well-deserved reputation throughout California as a skilled, personable and forceful mediator and a fair and impartial arbitrator, having been honored by the Daily Journal as a "Top Neutral" for six years and as a "Southern California Super Lawyer" for 2008-2020. He has mediated over 3,000 matters and arbitrated more than 100 cases.
The facts in Cassel v. Superior Court, 2011 DJDAR 658 (S178914, filed Jan. 13, 2011), presented the California Supreme Court with two clear options - continue to hold that mediation confidentiality is to be liberally construed despite the surrounding circumstances, or find that confidentiality should not be used to shield negligent attorneys from malpractice suits. The Court chose to stay the course and held that mediation confidentiality has few exceptions. In Cassel, the ...
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