On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402). The clear majority of the comments opposed the Tentative Recommendation. Retired Judge [Read More]
On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). All public comments should be received by the Commission no later than September 1, 2017. The CLRC just issued its Agenda for its September 28, [Read More]
On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for "legal malpractice" occurring in a mediation [Read More]
On April 13, 2017, the California Law Revision Commission (CLRC) met once again to discuss mediation confidentiality as well as other topics. In preparation for this meeting, Barbara Gaal, Chief Deputy Counsel posted Memorandum 2017-19 which contains the almost final version of the Tentative Recommendation that will probably be posted [Read More]
On February 2, 2017, the California Law Revision Commission (CLRC) held its regular meeting in which it once again discussed mediation confidentiality. While the Commissioners seemingly did not make any great strides, at the same time, they did. I make this contradictory statement because at its September 2016 meeting, the [Read More]
On December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to discuss its Study K-402-Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct. In each of its meetings in and after August 2016, the CLRC decided to create the exception and made other recommendations on this [Read More]
The California Law Revision Commission met once again on September 22, 2016 to discuss its Study K-402- Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct. At its prior meeting, the Commission (or CLRC) requested Barbara Gaal, Chief Deputy Counsel to address the issue of requiring a certification on [Read More]
On July 22, 2016, the California Law Revision Commission (CLRC) held its meeting to discuss, among other topics, mediation confidentiality. In preparation for the meeting, Chief Deputy Counsel Barbara Gaal prepared memoranda addressing the use of Preliminary In Camera Filtering processes (Memo 2016-38 and First Supplement to Memo 2016-38) and [Read More]
