Mediation as malpractice? The effect of California mediation confidentiality statutes.
Defense Counsel Journal › Vol. 79 Nbr. 1, January 2012
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Mediation as malpractice? The effect of California mediation confidentiality statutes.
This article originally appeared in the November 2011 Professional Liability Committee Newsletter.
In January of this year, the California Supreme Court reaffirmed more than a decade of jurisprudence that provides nearly impenetrable confidentiality for communications made pursuant to mediation--even where such communications are offered as evidence of legal malpractice. (1) The court in Cassel v. Superior Court relied on a line of cases stemming from Foxgate Homeowners' Association v. Bramalea California. (2) Despite pleas from statutorily hamstrung Courts of Appeal in the intervening years between Foxgate and Cassel, the Cali...See the full content of this document
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