New Law Effective January 1, 2019: Informed Consent To Mediation
While mediation related communications have long been confidential pursuant to Evidence Code §§ 1115-1128, the Legislature has enacted a new law to address a concern that clients may not understand that information exchanged in mediation cannot be used in a subsequent proceeding including a legal malpractice action.
New Evidence Code §1129, requires the client to acknowledge, in writing, that the client understands the confidential nature of all mediation-related communica

