Family,
Alternative Dispute Resolution
Nov. 26, 2009
Mediation Confidentiality Should Be Inviolate
Family lawyer and mediator Franklin Garfield believes the court should not create excuses to allow for exceptions to mediation confidentiality.
On Nov.12, 2009, the Court of Appeal for the 2nd Appellate District decided by a vote of 2-1 that mediation confidentiality did not apply to communications between attorney and client during the course of a mediation. Cassel v. Los Angeles Superior Court, No. B215215. In dissent, Justice Dennis M. Perluss opined that the Court should not look for excuses to create exceptions to the principle of mediation confidentiality. Based on an unambiguous public policy and a prior admonition f...
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