Mediation Twenty Years Later: A Cautionary Story and Proposed Reforms
By Gregory W. Herring, CFLS, AAML, IAFL
With Cassandra T. Glanville, Esq.
In 1996 the California Law Revision Commission (“LRC”) developed and proposed legislation that eventually became the current mediation confidentiality statute, Evidence Code section 1119. As more and more litigation has flowed away from the courthouses and into mediation the past twenty years, mediation confidentiality has remained an ironclad doctrine in California, surviving multiple high-profile challenges.