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(925) 452-8219
  • Home
  • About Us
  • Practice Areas
    • Litigation, Mediation, Consulting, and Limited Scope: What is the best option for you?
    • Child Support And Spousal Support (Alimony)
    • Property Division
    • No-Court Divorce
    • Premarital Agreements
    • Move-Aways
    • Custody & Visitation
  • Blog
  • Resources
  • Contact
  • Make a Payment

New Rules for Mediation in 2019 – Confidentiality

There are new rules for parties going through mediation starting in 2019. As set forth succinctly here (https://blog.ceb.com/2018/10/15/lawyers-must-now-inform-clients-about-mediation-confidentiality-in-writing/#more-21682), attorneys must now have clients sign a separate form acknowledging that all aspects of mediation are confidential and thus inadmissible in court at a later date. This will be in the new Evidence Code Section 1129.

Although the confidentiality of mediation is not changing, this extra step of having clients acknowledge the fact in one document is new. As a mediator, I already have clients sign a fee agreement where this fact is clearly stated, but I will now have clients sign a second, separate document stating the following:

I, _____________ [Name of Client], understand that, unless all participants agree otherwise, no oral or written communication made during a mediation, or in preparation for a mediation, including communications between me and my attorney, can be used as evidence in any subsequent noncriminal legal action including an action against my attorney for malpractice or an ethical violation.

NOTE: This disclosure and signed acknowledgment does not limit your attorney’s potential liability to you for professional malpractice, or prevent you from (1) reporting any professional misconduct by your attorney to the State Bar of California or (2) cooperating with any disciplinary investigation or criminal prosecution of your attorney.

If you are not sure whether mediation is a good option for you, feel free to call for a free consultation at our Dublin office: (925) 452-8219.

Category: blogOctober 16, 2018
Tags: mediation

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    Online Mediation Options for Family Law
    May 11, 2020
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East Bay Family Law & Mediation PC is a full-service family law firm offering representation in the fields of divorce, child custody, child support, spousal support, property division, and premarital agreements. We also offer mediation services to guide both spouses through the divorce process, as well as limited-scope representation as a cost-saving option for clients who require help in one specific area of their family law matter.

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  • Family Law Questions during COVID-19 Pandemic
    Family Law Mediation and Litigation during the COVID-19 Pandemic
    July 8, 2020
  • The new normal in family law means that all-online or all-phone mediations are possible now. Expect to do your mediation on your phone or laptop for family law.
    Online Mediation Options for Family Law
    May 11, 2020
  • coronavirus
    Update on COVID-19 by East Bay Family Law and Mediation PC
    March 18, 2020
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