Etats-Unis (Californie) : Le point sur les limites de la confidentialité en médiation dans le cas de faute professionnelle d'un avocat

Update on Mediation Confidentiality

http://www.mediate.com/articles/PollackPbl20150828.cfm

"In previous blogs, I have discussed the hullaballoo surrounding the introduction of AB 2025 into the California Legislature. As originally drafted and introduced into the California State Assembly, it provided that mediation confidentiality would not preclude the introduction of “… communications between a client and his or her attorney during mediation… in an action for legal malpractice or breach of fiduciary duty or both, and in a State Bar disciplinary action, if the attorneys’ professional negligence or misconduct forms the basis of the client’s allegations against the attorney.” In short, mediation confidentiality would not provide a shield to an attorney in a legal malpractice action, State Bar proceeding or disciplinary action where his alleged misfeasance or malfeasance arose during mediation.

There was much opposition to this bill, to the point that it was amended to provide that the whole matter would be referred to the California Law Revision Commission for study, review, and recommendations. Consequently, in May 2012, The California Law Review Commission began its study on the “Relationship between Mediation Confidentiality and Attorney Malpractice and Other Misconduct- Study K-402” (http://www.clrc.ca.gov/K402.html )." (extrait de mediate.com august 2015)

Il est possible d'avoir une traduction approximative en français sur le site.