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4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

Isabel de la Riva
Isabel de la Riva
answered on May 20, 2024

Mediations tend to work because of the open communication they allow by the confidentiality rules. Claims and offers made during a mediation cannot be used as evidence if mediation fails. A mediator can only confirm there was a mediation but cannot be made to testify regarding facts/claims in the... View More

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