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.