Mediation and Estate Planning Blog

The New Mediation Disclosure Notification And Acknowledgment Statement

As of January 1, 2019, the California Evidence Code requires attorneys to provide written disclosure regarding mediation confidentiality to their clients and to obtain a signed acknowledgment from their clients.

 The new law came about in part as the result of the California Supreme Court case of Cassel v. Superior Court (2011) 51 Cal. 4th 113, which confirmed that confidential communications in the mediation could not be used by a client to sue their attorney for malpractice.

The new law seeks to inform clients that all communications regarding mediation remain confidential and specifically advises clients that communications regarding mediation cannot be used against their attorney for malpractice or an ethical violation. As a result, the Evidence Code now requires an attorney representing a person in a mediation or a mediation consultation:

 1.      To provide to his or her client,  as soon as reasonably possible before the client agrees to participate in the mediation or mediation consultation, a printed disclosure containing the confidentiality restrictions related to mediation in the format described below;

 2.      To obtain a printed acknowledgment signed by that client stating that he or she has read and understands the confidentiality restrictions ;

 Look to Mediation Path Silicon Valley, LLC to keep you up to date on new developments in mediation. Also, our fees are competitive with other dispute resolution organizations.  Give us a call if we can be of assistance in empowering your clients to reach a peaceful resolution to their case.

 Email us to receive a sample of the Mediation Disclosure Notification And Acknowledgment Statement Pursuant to Evidence Code Section 1129.

WARNING: the printed disclosure shall be (1) in The preferred language of the client in at least 12-point font; (2) 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 (4) be signed and dated by the attorney and the client.