Alternative Dispute Resolution
Apr. 17, 2010
Big Ticket: Mediation Confidentiality
Statutes do not appear to be designed to provide protection to lawyers who may be sued by their clients for legal malpractice.
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.
In an earlier column, I discussed the growing list of exceptions to the "guarantee" of confidentiality in mediation as this bedrock to the process keeps getting whittled away with regularity. The example there was the recent case of Cassel v. Superior Court (Second Civil Number B215215; certified for publication Nov. 11, 2009, petition for review granted by California Supreme Court on Feb. 3, 2010).
In a split decision of apparent first impression, the Cassel court ...For only $95 a month (the price of 2 article purchases)
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