First and foremost, I would like to wish everyone a very Happy New Year; I hope that it proves to be a happy, healthy and very prosperous one for each of you.

As I am still recovering from the holidays, I decided to post a blog about a very big change in the law regarding mediations. Starting January 1, 2019,   attorneys in California are now required to  provide to their client a Mediation Disclosure Notification and Acknowledgment form to their client “…as soon as reasonably possible before the client agrees to participate in a mediation or a mediation consultation…” and to have their client sign this form. This form discusses the restrictions surrounding mediation confidentiality.  (Evidence code 1129.)

A brief recap of the statute and the form is reprinted below from an earlier article I wrote on the topic:

As many of you are aware, the Legislature  passed and the Governor signed SB 954 in September 2018 which starting on January 1, 2019 requires attorneys prior to a mediation  to discuss with their clients the various confidentiality restrictions occurring during a mediation and to have their clients sign a form acknowledging this discussion and their understanding.

For those who would like to learn more about new Evidence Code Section 1129 which  went into effect on January 1, 2019, I am pleased to refer you to my article which appeared in the Daily Journal on September 28, 2018:

https://gallery.mailchimp.com/456966efdaf00e806b9beee45/files/4397eef8-03c0-44b5-a0c2-0260597c42e3/VWZ_DJ_9_28_18_.pdf

To assist you in complying with the new statute, I am attaching a copy of the Acknowledgment Form that is set out in Evidence Code 1129:

https://b3law.com/wp-content/uploads/2018/09/Mediation_Disclosure_Notification_and_Acknowledgment.pdf

If you have any questions about the new statute or the form, I would be pleased to provide you with assistance.

In the meanwhile, thank you for your business and support in 2018. You made my year a wonderful one. I look forward to working with each of you in 2019.

And, as always, do not hesitate to contact me by phone (213-630-8810) or email (phylis@pgpmediation.com)  if I may be of assistance.

Happy New Year!!!

… Just something to think about.

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