Mediation Confidentiality Narrowed – Doublevision – Indeed!

Doublevison Entertainment v. Navigators Insurance

Limited Scope of Mediation Privilege.

“The mediation privilege is reserved for statements and communications made during the mediation, and, as discussed in more detail below, for a limited range of communications created immediately before and after the mediation.”

“In accordance with the plain language of Section 1119, this order now protects oral and written statements and communications — evidence of anything said — made during the mediation. Navigators, however, argues that the mediation privilege protects conduct, communications, and written materials related in any way to the mediation. This overreaches. Conduct is not protected by the mediation privilege, nor does Section 1119 use the language “related in any way” to a mediation.”

Emails in preparation for Mediation are not within the Privilege.

The email contained the word mediation, but a mere reference to a mediation in the near future does not bring this email within the scope of the privilege.

Statutory Mediation Trap

“The statutory conditions for termination of the mediation occurred when no communications between the parties and the mediator arose for ten calendar days.”


USC Gets Grant for ADR – Prof. Lisa Klerman to Lead

Lisa Klerman

By Lori Craig

Professor Lisa Klerman, Director of USC Gould’s Mediation Clinic and Advanced Mediation Clinic, has been named Director of the new USC Gould Alternative Dispute Resolution Program.
Lisa Klerman
Professor Lisa Klerman

Klerman, who previously was a full-time mediator with her own private practice, has taught at the law school for eight years and was recently appointed Clinical Associate Professor of Law.

“Lisa brings years of experience as a mediator and educator to her role as Director, and I am delighted that she will lead our ADR Program,” said Dean Robert K. Rasmussen. “USC Gould has produced many of the leaders of the ADR community, and under Lisa’s leadership, we will continue to expand our efforts in this increasingly important field and enrich the student experience.”

Klerman launched the Mediation Clinic in 2007, which gives law students hands-on experience solving problems creatively and efficiently using the dispute resolution skills needed to mediate cases as a third party. Some students continue on to the Advanced Mediation Clinic, where they handle more sophisticated mediations and also train and mentor beginning student mediators.

USC Gould offers several courses in negotiation, mediation and arbitration. In addition, most students are introduced to ADR in their first-year civil procedure course, where they participate in mock mediation sessions.