Evidence Code Section 1119 Makes Anything Said During Mediation Inadmissible And Undiscoverable We have posted from time to time on mediation and confidentiality, noting how difficult it is to set aside a settlement agreement based on statements made during the mediation process: statements made during mediation, even to one’s own attorneys, are inadmissible. Cassel […]
Parties’ Agreement To Extend Mediation Beyond Ten-Day Period Following Communication With Mediator Made Evidence Inadmissible Boy, does this case, involving a dispute between client (Porter) and attorneys (Wyner) have a history. After the California Supreme Court ruled in Simmons v. Ghaderi, 44 Cal.4th 570 (2008) that waivers of mediation confidentiality by either implication or […]
Litigation Privilege Does Not Bar Breach of Contract Claim Arising From Violations Of Confidentiality Provisions Contained in a Settlement Agreement Carrie Prejean. Miss California 2009. Miss USA 2009. Donald Trump. Perez Hilton. Same-sex marriage. Compromising video. Does any of this ring a bell? Back in 2009, Carrie Prejean, a former Miss California USA, […]
Special Confidentiality Provisions In The Evidence Code For Mediations Expressly Do Not Apply To MSCs California practitioners are aware that the court, on its own motion, or at the request of any party, may set a Mandatory Settlement Conference requiring the personal attendance of trial counsel, parties, and persons with full authority to settle. […]
When Mediation Involves The Public’s Interest, How Confidential Is The Mediation Under Federal Law? On July 6, 2012, Steven Church reported in Bloomerg, “[t]he judge overseeing Stockton, California’s bankruptcy limited the amount of information the city and its creditors can make public about a months-long mediation process that failed.” Mediation is required under California […]
Settlement Provision Conferred Limited Authority On Arbitrator to Amend Settlement Agreement to Make It Enforceable A cleverly drafted settlement provision, which had implications for the res judicata effect of an arbitration award, and for the confidentiality of mediation, is the reason this next case earns a blawg post. The underlying dispute was a […]
Whether the Mediation Confidentiality Was Violated Is Not Crystal Clear From the Opinion We are always pleased when a case has something to say about mediation – there are far fewer written opinions about mediation than about arbitration. Aaronson petitioned to nullify her marriage with Oslica, on the ground of purported fraud […]
California Assembly Bill 2025 Would Allow Introduction of Mediation Communications Between Attorneys and Their Clients in Actions For Malpractice or Breach of Fiduciary Duty California Assembly Member Don Wagner introduced Assembly Bill 2025 to amend California Evidence Code section 1120 to allow: “The admissibility in an action for legal malpractice, an action for breach […]
Extend 10-Day Period In Evidence Code section 1125(a)(5) It is common for a mediator to “follow-up” after a mediation session has been completed, to see if more remains to be done, or if a settlement is being implemented successfully. Are the communications confidential? Yes, not a problem – if the parties agreed to […]
Concurring Opinion By Justice Chin Expresses Discomfort With Result In Cassel v. Superior Court, 51 Cal.4th 113, 119 Cal. Rptr. 3d 437 (2011), the California Supreme Court addressed whether the mediation confidentiality protection applies to attorney-client communications when the client sues the attorney for malpractice. (Ordinarily, the attorney-client privilege flies out the […]