Advokat, advokater, advokatbistand, advokathjaelp

Counsel can no longer assume that anything that happens, especially written notes, is protected by the confidentiality provision. The California Court of Appeal in the case of Estate of Thottams ( August 13, 2008) found that a document in chart form that was prepared during a mediation to demonstrate how assets should be allocated between the heirs, and initials placed next to each entry was a settlement agreement.

Counsel can no longer assume that anything that happens, especially written notes, is protected by the confidentiality provision. Even if the parties sign the confidentiality agreement at the beginning of mediation that does not mean that everything is confidential, aside from a Settlement Agreement signed by the parties.