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CA SB954

Bill

Status

Passed

9/11/2018

Primary Sponsor

Bob Wieckowski

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Requires attorneys representing clients in mediation to provide a printed disclosure about confidentiality restrictions in California's mediation laws before the client agrees to participate, except in class or representative actions.

  • Attorneys must obtain a signed, printed acknowledgment from the client confirming they have read and understand the confidentiality restrictions, or comply with these requirements as soon as reasonably possible if retained after mediation begins.

  • The printed disclosure must be in the client's preferred language in at least 12-point font, appear on a single unattached page, and include the names and signatures of both attorney and client with the date.

  • Specifies statutory language that satisfies the disclosure requirement, explaining that mediation communications are confidential and cannot be used in subsequent legal actions, including malpractice claims against the attorney.

  • Failure to comply with disclosure requirements does not invalidate mediation agreements, and communications about attorney compliance with these requirements may be used in attorney disciplinary proceedings.

Legislative Description

Mediation: confidentiality: disclosure.

Last Action

Chaptered by Secretary of State. Chapter 350, Statutes of 2018.

9/11/2018

Committee Referrals

Judiciary2/8/2018
Rules1/30/2018

Full Bill Text

No bill text available