The California Law Revision Commission has issued a tentative recommendation regarding mediation confidentiality, with a particular focus on the circumstance in which there is alleged misconduct during the course of a mediation (and evidence from the mediation is sought in a subsequent suit). [www.clrc.ca.gov/K402.html]
At 158 pages, the report is thorough, and in many places, thoughtful. The line drawing involved is difficult, and the tentative recommendation has drawn some energized response already. Without piling on, I will note that I am surprised that the proposal focuses only on attorney misconduct, and provides no parallel space for misconduct by mediators…
