Tips of the Trade: Ensuring that your Client Truly Understands the Extent of Mediation Confidentiality

Private Wealth Services attorneys Vivian Thoreen and Yunnie Youn Son co-authored an article on the importance of ensuring clients understand the extent of mediation confidentiality. Under California law, all communications, statements and writings connected to mediation are confidential; this allows participants in the mediation process to speak openly without fear of their statements being disclosed to third parties or later used against them. However, clients may not grasp all that falls under the statutory guarantee of confidentiality. Ms. Thoreen and Ms. Son's article analyzes a case in which the enforcement of mediation confidentiality led to significant consequences. Their article was published in the California Trusts and Estates Quarterly.

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