Alternative Dispute Resolution
Aug. 27, 2016
Balancing confidentiality and accountability in mediation
The expectation that the commission would propose a meaningful process to balance the competing public interests between confidentiality and accountability was extinguished by the commission at its July 22 meeting. By Lee L. Blackman
The California Law Revision Commission, at the direction of the State Legislature, is studying the "Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct." This study started in 2013 in response to the California Supreme Court's 2011 decision in Cassel v. Superior Court, 51 Cal. 4th 113. There, the court reaffirmed its conclusion that California Evidence Code Sections 1115-1128, wh...
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