http://businessconflictmanagement.com/blog/2010/02/mediation-confidentiality-meets-attorney-malpractice/ Conflict Management Expertise from F. Peter Phillips Mon, 06 Sep 2010 11:29:03 +0000 http://wordpress.org/?v=2.7.1 hourly 1 http://businessconflictmanagement.com/blog/2010/02/mediation-confidentiality-meets-attorney-malpractice/comment-page-1/#comment-1440 Business Conflict Blog » No Breach by Arbitrator Who Declines to Arbitrate Mon, 10 May 2010 16:18:00 +0000 http://businessconflictmanagement.com/blog/?p=475#comment-1440 [...] time ago I brought to readers’ attention a case holding that an attorney who was alleged to have committed malpractice during a mediation cou... because confidentiality barred the introduction of evidence of the attorney’s behavior during [...] [...] time ago I brought to readers’ attention a case holding that an attorney who was alleged to have committed malpractice during a mediation cou… because confidentiality barred the introduction of evidence of the attorney’s behavior during [...]

]]> http://businessconflictmanagement.com/blog/2010/02/mediation-confidentiality-meets-attorney-malpractice/comment-page-1/#comment-1272 F. Peter Phillips Mon, 01 Mar 2010 22:59:34 +0000 http://businessconflictmanagement.com/blog/?p=475#comment-1272 Interesting! Thanks for the tip. FPP Interesting! Thanks for the tip. FPP

]]> http://businessconflictmanagement.com/blog/2010/02/mediation-confidentiality-meets-attorney-malpractice/comment-page-1/#comment-1270 Joe Markowitz Mon, 01 Mar 2010 22:50:12 +0000 http://businessconflictmanagement.com/blog/?p=475#comment-1270 We had a case like that in California, Cassel v. Superior Court, and the Court found a loophole in the mediation confidentiality statute wide enough to let the client attempt to prove his malpractice case. Most mediators seem to think that result indicates a flaw in the confidentiality statute, but I think I lean toward your view. I'm not sure why a client should be totally precluded from bringing a malpractice claim merely because the alleged attorney malpractice occurred during a mediation. http://www.mediate-la.com/2009/11/carrie-prejean-sex-tape.html We had a case like that in California, Cassel v. Superior Court, and the Court found a loophole in the mediation confidentiality statute wide enough to let the client attempt to prove his malpractice case. Most mediators seem to think that result indicates a flaw in the confidentiality statute, but I think I lean toward your view. I’m not sure why a client should be totally precluded from bringing a malpractice claim merely because the alleged attorney malpractice occurred during a mediation. http://www.mediate-la.com/2009/11/carrie-prejean-sex-tape.html

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