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Jul 21, 2017

Proposed Change in California Law to Remove Certain Mediation Confidentiality Protections

By: Morey Davidovitz

The California Law Revision Commission plans to recommend changing California Law by adding a new Section 1120.5 to the California Evidence Code which would remove certain mediation confidentiality protections. The proposed law would allow a client or the client’s attorney in a legal malpractice action to subpoena opposing parties to produce their confidential communications to the mediator and to testify what they and the mediator said in mediation. The Commission plans to submit its bill to the Legislature for a change in the law effective January 1, 2019.  Mediators and litigators appear to be mounting opposition to this recommendation.