Cal. Litig. 2019, Volume 32, Number 1

California Confidential What Happens In Mediation May Not Stay In Mediation

By Ana M. Sambold

Ana M. Sambold

Effective January 1, 2019, California Senate Bill 954 requires attorneys to inform their clients of all confidentiality restrictions related to mediation and to obtain a signed acknowledgment stating that the client understands them. The new law is aimed at helping clients to be aware of California mediation confidentiality rules and allowing them to make a better-informed decision before agreeing to mediation. Consequently, it is important for attorneys representing clients in California mediations to become familiar with mediation confidentiality rules and the scope and impact of confidentiality on admissibility, enforceability and attorney malpractice.

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