Los Angeles Divorce and Family Law Attorneys: Our Blog

Please Follow Our Blog, LIKE US on FACEBOOK and RETWEET Our Articles!

Tuesday, January 8, 2019

New Mediation Law Keeps Confidentiality Inviolate But Mandates Lawyers Beef Up Disclosures

California Evidence Code 1129 is new law.  It protects mediation confidentiality, with the caveat to lawyers to beef up disclosures concerning confidentiality BEFORE a client enters mediation.

In a nutshell, the new law ensures that whatever happens in mediation, stays in mediation.  However, as a lawyer representing a client who is headed into mediation, you have a duty to advise them of their rights and waivers as to communications occurring during a mediation (in or outside that mediation room!)  You have to basically tell them - in mediation, confidentiality is inviolate, and sure, you can sue me for malpractice, but you cannot use anything said in the course of this mediation as evidence.  (This basically means you have no case).

Anyway, this new law came after years of debate following the Casel case, where some client who went through mediation tried to sue his lawyer for malpractice, saying he was forced into an uninformed settlement. After that case, the California legislature tried to pass a law that excluded attorney communications in mediation as confidential when related to a malpractice claim. But there was gross outrage from practitioners everywhere!!!  (For obvious reasons, if what you say in mediation can come back to haunt you, why in the world would ANYONE mediate?  They would just GO TO COURT like any normal person!)

The text of the new law is below. Evidence Code 1129.  Put this in a template and give to all of your clients going into mediation!

Notice of confidentiality restrictions

(a) Except in the case of a class or representative action, an attorney representing a client participating in a mediation or a mediation consultation shall, as soon as reasonably possible before the client agrees to participate in the mediation or mediation consultation, provide that client with a printed disclosure containing the confidentiality restrictions described in Section 1119 and obtain a printed acknowledgment signed by that client stating that he or she has read and understands the confidentiality restrictions.
(b) An attorney who is retained after an individual agrees to participate in the mediation or mediation consultation shall, as soon as reasonably possible after being retained, comply with the printed disclosure and acknowledgment requirements described in subdivision (a).

(c) The printed disclosure required by subdivision (a) shall:
(1) Be printed in the preferred language of the client in at least 12-point font.
(2) Be printed on a single page that is not attached to any other document provided to the client.
(3) Include the names of the attorney and the client and be signed and dated by the attorney and the client.

(d) If the requirements in subdivision (c) are met, the following disclosure shall be deemed to comply with the requirements of subdivision (a):

Mediation Disclosure Notification and Acknowledgment

To promote communication in mediation, California law generally makes mediation a confidential process. California’s mediation confidentiality laws are laid out in Sections 703.5 and 1115 to 1129, inclusive, of the Evidence Code. Those laws establish the confidentiality of mediation and limit the disclosure, admissibility, and a court’s consideration of communications, writings, and conduct in connection with a mediation. In general, those laws mean the following:

* All communications, negotiations, or settlement offers in the course of a mediation must remain confidential.

* Statements made and writings prepared in connection with a mediation are not admissible or subject to discovery or compelled disclosure in noncriminal proceedings.

* A mediator’s report, opinion, recommendation, or finding about what occurred in a mediation may not be submitted to or considered by a court or another adjudicative body.

* A mediator cannot testify in any subsequent civil proceeding about any communication or conduct occurring at, or in connection with, a mediation.

This means that all communications between you and your attorney made in preparation for a mediation, or during a mediation, are confidential and cannot be disclosed or used (except in extremely limited circumstances), even if you later decide to sue your attorney for malpractice because of something that happens during the mediation.

I, _____________ [Name of Client], understand that, unless all participants agree otherwise, no oral or written communication made during a mediation, or in preparation for a mediation, including communications between me and my attorney, can be used as evidence in any subsequent noncriminal legal action including an action against my attorney for malpractice or an ethical violation.

NOTE: This disclosure and signed acknowledgment does not limit your attorney’s potential liability to you for professional malpractice, or prevent you from (1) reporting any professional misconduct by your attorney to the State Bar of California or (2) cooperating with any disciplinary investigation or criminal prosecution of your attorney.

[Name of Client] [Date signed]

[Name of Attorney] [Date signed]

(e) Failure of an attorney to comply with this section is not a basis to set aside an agreement prepared in the course of, or pursuant to, a mediation.

1 comment:

Psophia said...


•★INTEGRATED HACKS★•


Are You Seeking For A LEGIT PROFESSIONAL HACKER Who Will Get Your Job Done Efficiently With Swift Response?? CONGRATULATIONS, Your Search Ends Right Here.

★ ABOUT US
• We are a Team Of Professional HACKERS , a product of the coming together of renowned Hackers from the Dark-Web (pentaguard, CyberBerkut, Grey Hat and Black Hat,)that have seen how data and information is been stolen and spoofed and are willing to help the helpless. We have been existing for over 8 years, our system is a very strong and decentralized command structure that operates on ideas and directives.

★ JOB GUARANTEE:
Whenever We Are being hired, We typically only take jobs that We find somewhat original, challenging, or especially helpful to the community. We’ve never wanted to sit around defending some video game company’s source code from network intruders – We prefer to help nonprofits, private investigators, Private Individuals, government contractors, and other traditionally underserved populations.
And We’d rather match skills against the best in the field of state-sponsored hackers engaged in economic espionage than put some kid in prison for pranking the phone company. When a company tries to hire Us, the first question we ask is: “Who is this going to help?”
We know INTEGRATED HACKS is Well known for LEGIT HACKING SERVICES, but we always try to make people know that INTEGRATED HACKS isn't just open to big firms, any individual desiring cyber services can contact us via: "integratedhacks@protonmail.com" You Can Reach Out To Us for Your Desired HACKING Services Ranging from:
* Penetration Testing
* Jail Breaking
* PHONE HACKING (Which gives you Unnoticeable Access to Everything that is Happening on the phone such as call logs, messages, chats and all social media Apps .
* Retrieval Of Lost Files
* Location Tracking.
* Clearing Of Criminal Records.
* Hacking Of Server, Database And Social Media accounts e.g Facebook, twitter, Instagram Snapchat etc

★ SOME SPECIAL SERVICES WE OFFER:
* RECOVERY OF LOST FUNDS ON BINARY OPTIONS.
* Bank Accounts Loading ( Only USA Banks)
* Credit Cards Loading (Only USA CC’s)’

★Our Team houses a separate group of specialists who are productively focused and established authorities in different platforms. They hail from a proven track record Called “HackerOne” and have cracked even the toughest of barriers to intrude and capture or recapture all relevant data needed by our Clients. Some Of These Specialist Includes Yassine Aboukir, Oemer Han, Imran parray, Anees Khan, Jobert Abma and many others.

★INTEGRATED HACKS is available to our clients 24 hours a day and 7 days a week. We understand that your request might be urgent, so we have a separate team of allocated hackers who interact with our Clients round the clock. You are with the right people so just get started.

★CONTACT:
* Email:
Integratedhacks@protonmail.com
Integratedhacks@gmail.com

★CONTACT US AND EXPERIENCE CYBER SERVICES LIKE NEVER BEFORE