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SB-954 Mediation: confidentiality.(2017-2018)

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Date Published: 01/30/2018 09:00 PM
SB954:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 954


Introduced by Senator Wieckowski

January 30, 2018


An act to add Section 1129 to the Evidence Code, relating to mediation.


LEGISLATIVE COUNSEL'S DIGEST


SB 954, as introduced, Wieckowski. Mediation: confidentiality.
Under existing law, if a person consults a mediator or consulting service for the purpose of retaining mediation services, or if persons agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a civil dispute, anything said in the course of a consultation for mediation services or in the course of the mediation is not admissible in evidence nor subject to discovery, and all communications, negotiations, and settlement discussions by and between participants or mediators are confidential, except as specified.
This bill would require an attorney representing a person participating in a mediation or a mediation consultation to inform his or her client of the confidentiality restrictions related to mediation, as specified, and to obtain informed written consent from the client that he or she understands the restrictions before the client participates in the mediation or mediation consultation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1129 is added to the Evidence Code, to read:

1129.
 Before engaging in a mediation or a mediation consultation, an attorney representing a client participating in the mediation or a mediation consultation shall inform his or her client of the confidentiality restrictions as described in Section 1119, and obtain the client’s written consent to the restrictions, in a form acknowledging that the client is informed of the restrictions and understands them.