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Will Proposed Revision to Mediation Confidentiality Significantly Affect Mediation in California? (1.5 General Participatory Credits)
Published by San Diego County Bar Association

Handouts for this program can be downloaded by clicking on the "Other Resources" tab in the video player.

Please join us for an informative panel discussion on the potential effects of the California’s Law Revision Commission’s (CLRC) proposed bill (and potential revisions) on mediation, litigation and the client-attorney relationship. Panelists include seasoned litigators Deborah Wolfe and Josh Gruenberg, mediator and professor Dennis Sharp, family mediator Bill Eddy, and commercial mediator Ana Sambold.

The California’s Law Revision Commission (CLRC), upon request from the State Legislature, initiated Study K-402 to contemplate changing the existing mediation confidentiality regime (Evid. C. 1115 et seq.). Critics of the current rules contend that the broad confidentiality afforded by the current law shields attorney malpractice. However, proponents of the existing statutes maintain that it is the very breadth of confidentiality in California that makes mediation so effective in resolving cases.

At its June 2017 meeting, the CLRC released a draft recommendation on mediation confidentiality in bill form, adding Section 1120.5 to the Evidence Code. The CLRC is accepting comments on the draft bill until September 1, 2017. This bill (or a slightly revised version) is likely to be introduced in the Legislature shortly thereafter, and if passed, will affect all California mediations beginning in 2019. The current draft bill will potentially impact any person or entity that uses mediation as a tool to resolve cases.

Bill Eddy, LCSW, Esq.
Bill Eddy is a lawyer (Certified Family Law Specialist), therapist (Licensed Clinical Social Worker) and mediator (Senior Family Mediator at the National Conflict Resolution Center). He is the President of the High Conflict Institute, which provides...More
Josh Gruenberg, Esq.
Josh Gruenberg is one of California's most accomplished employment lawyers. Gruenberg Law was founded so that Josh could bring more of his tenacity, skill and knowledge to victims of sexual harassment, discrimination, wage-theft and whistle blower...More
Ana Sambold, Esq.
Ana Sambold is an Attorney, Mediator, and Arbitrator. As a member of the Executive Board of the ADR Section of the San Diego County Bar Association she has been actively monitoring the California Law Revision Commission's developments on Study K-402...More
Dennis Sharp, Esq.
Dennis Sharp has served as a mediator in over 2000 cases since 1985, including currently for Sharp Resolutions, the San Diego Superior Court and several government agencies, including FEMA and the U.S. Department of Interior. Additionally, since 1988...More
Deborah Wolfe, Esq.
Deborah Wolfe is the founder of Wolfe Legal Group, PC, and is an experienced trial attorney who has spent her career representing plaintiffs. During her 35 years in practice, Deborah has received a number of Outstanding Trial Lawyer awards, and has...More
Originally Published
August 15, 2017

Program Titles and Supporting Materials
This program contains the following components:
  1. Will Proposed Revision to Mediation Confidentiality Significantly Affect Mediation in California? - Video
  2. Will Proposed Revision to Mediation Confidentiality Significantly Affect Mediation in California? - Paper

How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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