In previous blogs, I have discussed the hullaballoo surrounding the introduction of AB 2025 into the California Legislature. As originally drafted and introduced into the California State Assembly, it provided that mediation confidentiality would not preclude the introduction of “… communications between a client and his or her attorney during [Read More]
Once again, an appellate court in California has confirmed the “…near categorical prohibition against judicially crafted exceptions to mediation confidentiality.” In Amis v Greenberg Traurig, LLP et al, (Issued March 18, 2015, Case No. BC 426815) (Id. at 8.), the Court of Appeal for the Second Appellate District held that mediation [Read More]
Recently, I participated on a panel on Mediation Confidentiality sponsored by the Southern California Mediation Association. As many of you are aware, the California Supreme Court has very strictly interpreted the mediation statutes in California Evidence Code Sections 1115-1128 to the point of repeatedly holding that there are no exceptions [Read More]
In the context of a marital dissolution proceeding, is there (or should there be) an exception to mediation confidentiality (California Evidence Code section 1119) for financial disclosures “prepared for the purpose of” and used “in the course of … the mediation?” (Evidence Code section 1119). This is the issue that [Read More]
Earlier this year, I posted a blog about a U. S. District Court case, Craig Milhouse and Pamela Milhouse v. Travelers Commercial Insurance Company (Case No. SACV-10-01730-CJC (ANx), C.D. Cal.), in which the court held that a "due process" exception applies to mediation confidentiality. Plaintiffs sued defendant for insurance bad [Read More]
Over the last couple of months, I have posted blogs entitled Anger Management (June 13, 2014), Good Faith (July 3, 2014); Listening for the Emotions (July 18, 2014); Which System is In Control? (July 25, 2014) and Vengeance Shall Never be Yours August 1, 2014). On numerous occasions, I have also [Read More]
Recently, I received an e mail alerting me to an order (Order_Mot for Remit_MSJ re New Trial.pdf ) of a federal court providing that mediation confidentiality would not apply to prevent an insurance company from using statements made during mediation to defend itself against claims of insurance bad faith.In Craig Milhouse [Read More]
In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer's Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged [Read More]
