Jamie Sternberg, Esq.
SB 954 changed laws regarding mediations and requires new disclosures before mediations. Effective 1/1/2019, attorneys representing a client participating in a mediation or a mediation consultation are required to provide the client with a printed disclosure, in a specified form, containing confidentiality restrictions related to mediation, and to obtain a printed acknowledgment signed by the client stating that he or she has read and understands the confidentiality restrictions. This disclosure must be provided as soon as reasonably possible before the mediation. If an attorney is retained after a client agrees to participate in a mediation or mediation consultation, the attorney must comply with the printed disclosure and acknowledgment requirements as soon as reasonably possible after being retained. An exception exists in class action matters. It modified Evidence Code §1122 and added new Evidence Code §1129.
The revised code sections are in the downloadable pdf.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource section of our website.
© 2018 Kimball, Tirey and St. John LLP