(925) 952-9880
  Livingston Lawyers
  • Home
  • Who We Are
    • Renée Welze Livingston
    • Craig A. Livingston
    • John C. Hentschel
    • Amy E. Blair
    • Paralegals
  • What we do
    • Catastrophic Injury & Wrongful Death
    • Product Liability
    • Trucking & Transportation
    • General & Premises Liability
    • Prop 65
    • Appellate
    • Construction
    • Real Estate & Disability Access Litigation
    • Business & Commercial
  • What's New
  • Contact
  • Home
  • Who We Are
    • Renée Welze Livingston
    • Craig A. Livingston
    • John C. Hentschel
    • Amy E. Blair
    • Paralegals
  • What we do
    • Catastrophic Injury & Wrongful Death
    • Product Liability
    • Trucking & Transportation
    • General & Premises Liability
    • Prop 65
    • Appellate
    • Construction
    • Real Estate & Disability Access Litigation
    • Business & Commercial
  • What's New
  • Contact

what's new

New CA Law Requires Written Notice of Mediation Confidentiality to Clients

9/18/2018

 
PictureDavid B. Burnett
​Effective January 1, 2019, a new law will require California attorneys to provide a more detailed disclosure to clients participating in mediation about the confidential nature of information exchanged during mediation, including attorney-client communications. In addition, attorneys will be required to obtain a written acknowledgment from the client regarding this disclosure.
 
It has long been the law in California that all communications made for or during mediation are confidential and may not be used as evidence in a subsequent trial. (See, Evid. Code §§ 1115-1128.) Though there was strong disagreement by both the plaintiffs’ and defense bars, the Legislature nonetheless believed some attorneys were not adequately informing clients of the ban on the use of information exchanged in mediation in subsequent proceedings, and clients could therefore be surprised in a future malpractice action against their attorney. 
 
The new law, which will be codified as Evidence Code section 1129, requires the client to acknowledge, in writing, that he or she understands all communications made in the mediation setting are confidential and cannot be used in any subsequent action, including an action for legal malpractice. Code-compliant notification language is provided in section 1129, subdivision (d), and subdivision (c) sets forth several specific requirements for this notification: 1) it must be printed in the client’s preferred language in at least 12-point font; 2) it must be printed on a single page that is not attached to any other document provided to the client, and; 3) it must include the names of the attorney and client and be signed and dated by both. In addition to Evidence Code section 1129, the law adds a new subdivision (a)(3) to Evidence Code section 1122 relating to the disclosure and admissibility of mediation communications in certain situations.
 
The notification and acknowledgement shall be obtained as soon as reasonably possible before the mediation.  If the client has agreed to mediation before retaining the attorney, for example when the client is contractually obligated to participate in mediation as a dispute resolution method, the attorney should obtain the acknowledgement as soon as reasonably possible after being retained.
 
In light of the new notification and acknowledgment rules, we will be working closely with our clients to ensure they are aware of and understand the confidential nature of information exchanged during the mediation process.

Picture

    Archives

    April 2025
    March 2025
    November 2024
    October 2024
    February 2024
    January 2024
    August 2023
    June 2023
    February 2023
    October 2022
    February 2022
    December 2021
    November 2021
    September 2021
    February 2021
    January 2021
    August 2020
    March 2020
    February 2020
    January 2020
    December 2019
    October 2019
    July 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    February 2018
    December 2017
    October 2017
    August 2017
    June 2017

    Categories

    All
    About Us
    Happenings
    News
    Seminars

 Livingston Law Firm  - 1600 South Main Street,  Suite 280,  Walnut Creek, CA 94596   
Telephone:  (925) 952-9880 ​  Facsimile::  (925) 952-9881