Wednesday, February 24, 2010

California Supreme Court Grants Review to Consider Mediation Confidentiality

On February 3, the California Supreme Court granted review in Cassel v. Superior Court (Wasserman, Comden, Casselman & Pearson). According to the Court's case summary, Cassel raises the following issues:
(1) Are the private conversations of an attorney and client for the purpose of mediation entitled to confidentiality under Evidence Code sections 1115 through 1128?

(2) Is an attorney a "participant" in a mediation such that communications between the attorney and his or her client for purposes of mediation must remain confidential under Evidence Code section 1119, subdivision (c) and 1122, subdivision (a)(2)?
The Court's docket is available here.

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