Do you ever use mediation or conduct it? After the California Supreme Court's strict interpretation in Cassel, many have argued that mediation confidentiality provides a "get-out-of-jail-free-card" to people who make statements during a mediation that would otherwise have major legal ramifications. The Conference of County Bar Associations sponsored legislation last year to amend our current laws. After heated lobbying in opposite directions, the Legislature directed the Law Revision Commission to conduct a thorough review and make recommendations.
Should exceptions be made for admissibility of mediation communications directly between the client and his/her attorney if the client alleges professional negligence or misconduct? Would these exceptions impair lawyers' ability to be effective and honest during the mediation process? How would you craft exceptions to preserve candid communication?
Do you want our mediation laws changed? If so, how? Ron Kelly served as the lead expert advisor to the Law Revision Commission in drafting California's main mediation confidentiality statutes (Evidence Code sections 1115-1128). He will again be taking an active role in advising the Commission.
Come join us for a lively discussion of the proposed changes and help your bright ideas get heard in Sacramento.