November 30, 2015 Practice Points

An Open Letter About California’s Absolute Mediation Confidentiality Statute

The California Legislature has asked that state’s Law Revision Commission to consider whether California’s Absolute Mediation Confidentiality statute should be amended to make mediation evidence admissible in cases of legal malpractice

by Jeff Kichaven

The California Legislature has asked that state’s Law Revision Commission to consider whether California’s Absolute Mediation Confidentiality statute should be amended to make mediation evidence admissible in cases of legal malpractice. ADR Subcommittee Cochair Jeff Kichaven is one of the leading advocates of this change. Below is a letter he recently submitted to the Law Revision Commission in connection with its work. We think you will find this letter provocative, and we welcome dialogue on this important subject.

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Thank you for your continued interest in and openness to comments on the commission’s proposed changes to California’s mediation confidentiality rules. I appreciate the opportunity to contribute my views, and the respectful consideration received from you and the commission.

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