Forum (Forum & Focus)
Mar. 26, 2009
Decision on Mediation Agreements Puts the Cart Before the Horse
Many in the mediation community questioned the court's finding in In Re Estate of Thottam.
FORUM COLUMN
By Mary B. Culbert Prior to the enactment of the current California Evidence Code Sections 1115 through 1128 in 1998 regarding mediation confidentiality, there was some confusion as to what a court of law would do when asked to enforce a mediation settlement agreement. In Ryan v. Garcia, 27 Cal.App.4th 1006 (1994), the court refused to allow testimony regarding an oral mediation agreement due to mediation confidentiality. In Regents o...For only $95 a month (the price of 2 article purchases)
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