Category: Mediation: Confidentiality

Confidentiality: California Supreme Court Holds That Mediator Cannot File Report Disclosing Communications In Order To Show Sanctionable Conduct

February 25, 2012 · Mediation: Confidentiality

  Exceptions To Confidentiality of Communications Are Very Limited, and Showing Sancitonable Conduct Is Not One of the Exceptions      In Foxgate Homeowners’ Association, Inc. v. Bramalea California, Inc., 26 Cal.4th 1, 108 Cal.Rptr.2d 642 (2001), the Supreme Court faced,”the intersection between court-ordered mediation, the confidentiality of which is mandated by law (Evid.Code, §§ 703.5, […]

Enforcement of Settlement Agreement Reached Through Mediation/Confidentiality: Settlement Agreement Containing Material Terms May Be Enforced

  . . . And Confidentiality Requirement in the Agreement Also Applies, Even if Local Rules Governing Settlement Communications Do Not Apply in Federal Court      Sometimes the tone of a Court’s opinion gives a good clue as to the outcome. Such was the case in Facebook, Inc. v. Pacific Northwest Software, Inc., 640 F.3d […]

Mediation/Confidentiality: Confidentiality of Communications in Mediation Does Not Mandate Disqualification of Attorney Who Learns Confidential Information in Mediation from Litigating Later Cases Against the Same Party

February 21, 2012 · Mediation: Confidentiality

  Dire Implications for Mediation Would Follow from Disqualification      Plaintiff’s attorney became involved in two related lawsuits against the same defendant, a builder of an apartment building severely damaged by the Northridge earthquake and subsequently demolished. In the first lawsuit the attorney represented the builder’s lender and attended mediation. In the second lawsuit, the […]