New Law in California Requires Informed Consent for Mediation

For more than half a century in California, voluntary resolution of disputes has been favored, and considered consistent with democratic values. In order to promote communication in mediation, California law generally makes mediation a confidential process

On January 1, 2019 a new California law took effect that affects clients that will be participating in mediations. This new law requires a lawyer to make sure their client understands the implications of California’s legal protections for mediation communications, before the client agrees to mediation. If the client has already agreed to mediation before engaging a lawyer, such as by participating in a mediation, or signing a contract with a mediation clause, for instance, then informed consent will be required as soon as possible after engaging the lawyer for the mediation.


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