Richard L. Gilbert
Richard L. Gilbert, Judge of the Superior Court (Retired)
Resolution Arts Building
2630 J Street, Sacramento, CA 95816
T: 916.442.0414 F: 916.442.7046
© Richard L. Gilbert 2015
- New Mediation Disclosure Requirement for Lawyers. Except in class actions, new Evidence Code section 1129, effective January 1, 2019, requires attorneys to provide a written disclosure to clients before the client agrees to participate in a mediation that mediation communications are privileged and cannot be disclosed, even in a claim by the client alleging malpractice by the attorney (at the mediation).
Presumably, failure to provide the disclosure can be a grounds for disciplinary action.
Section 1129 provides a form of disclosure. Click Here for a "Word" version of the required form.