Confidentiality is one of the hallmarks of mediation in California. But when does a mediation end such that communications may no longer be confidential? California Evidence Code §1125 provides, in pertinent part, as follows:
(a) For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied:
(1) The parties execute a written settlement agreement that fully resolves the dispute.
(2) An oral agreement that fully
A mediator’s proposal is best described as settlement terms presented by the mediator to parties that have reached an impasse in their settlement negotiations.
Generally speaking, the proposal should not invite a counter-offer or new terms. It is important that the parties either accept or reject the mediator’s proposal as written within the time specified.
Most often, such proposals are “double blind”. The following language taken from a mediator’s proposal illustrate
Lance was recently proud to be admitted to an esteemed organization, the Association of Attorney-Mediators. Criteria for eligibility and admission is very selective, with requirements including pro bono service, continuing education, observation and practice of mediation. #mediator #adr #lancelabelle #association