New Requirements for Participants in Mediation

Senate Bill 954, which took effect January 1, 2019, requires attorneys, before participating in mediation, to provide written disclosures to their clients explaining mediation confidentiality and obtain written consent from their clients indicating that they understand the breadth and impact of mediation confidentiality. For decades, California courts, and public policy, have favored voluntary resolution.  To prompt this option as an alternative to trial, or even arbitration, in the mid-nineties, the California Legislature approved the codification of mediation confidentiality in Evidence [...]

By |2019-01-31T16:57:52-07:00January 11, 2019|Litigation|