Are you complying with California law when you accompany a client to mediation?

An important mediation-related obligation was placed upon attorneys as of January 1, 2019. Provisions governing mediations in the California Evidence Code were changed; section 1122 was modified and section 1129 was added. To make sure clients are fully informed about mediation confidentiality, the law requires attorneys representing clients in connection with a mediation to provide a written disclosure.

Importantly, the disclosures must be provided to clients before the client agrees to participate in a mediation. The content of the disclosures is specified in section 1129.

The disclosures must be provided in a separate document, in at least a 12-point font, and in the client’s preferred language. The client must sign the disclosure form.

An English-language copy of the disclosures that you can use to adapt for your use is linked here.

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