Mediation Confidentiality: California Law Revision Commission Considers Relationship Between Mediation, Confidentiality, Attorney Malpractice, And Other Misconduct

Proposed New Exception To Mediation Confidentiality Statutes Would Utilize In Camera Screening Process.

     On August 7, 2015, the California Law Revision Commission directed staff “to begin the process of preparing a draft of a tentative recommendation that would propose an exception to the mediation confidentiality statutes (Evid. Code sections 1115-1128) to address ‘attorney malpractice and other misconduct.’”  For minutes of the meeting, follow the link.  The excerpt of the minutes concerning this topic is found at pages 4 to 6.

     COMMENT:  I blogged on April 8, 2012, about legislative efforts to “fix” the mediation confidentiality statutes to allow the introduction of evidence from a mediation in cases involving attorney malpractice or breach of fiduciary duty.