By Jeff Kichaven, Jeff Kichaven Commercial MediationApril 10, 2017, 12:52 PM EDT
Law360, New York (April 10, 2017, 12:52 PM EDT) -- This article informs readers of important progress being made in California to reform mediation confidentiality laws. The proposed reforms increase consumer protection and promote the rule of law, while protecting the effectiveness of mediation. This article also informs readers of one additional dimension of reform which is needed to ensure fair trials.
Current Law and its Problems
In California, mediation is governed by the so-called “absolute confidentiality” rule of Evidence Code Section 1119, which provides:
Except as otherwise provided in this chapter: (a) No evidence of...