CALL TO ACTION: Threat to Collaborative Practice in California

CALL TO ACTION: Threat to Collaborative Practice in California

Sherman Oaks, California – Collaborative Practice faces a threat to its future existence due to proposed changes in the California Evidence Code recommended by the California Law Revision Commission (CLRC).

We must act now to prevent this potential disaster. We need your help as a practitioner and supporter of Collaborative Practice to protect our ability to offer clients the numerous demonstrated benefits of settling disputes via the Collaborative method.

The CLRC is recommending adoption of an exception to the mediation confidentiality statute. The exception would apply to evidence of attorney misconduct, which allegedly occurred in the context of a mediation. This would include misconduct at any stage of the mediation process “in the course of a mediation.”

Making this exception would essentially remove all right to confidentiality in mediation, including Collaborative Practice cases since our attorneys act pursuant to the confidentiality in the Evidence Code. Consensual Dispute Resolution as we know it would likely not survive.

It is imperative for as many members of the Collaborative Practice community as possible to communicate with the California Law Revision Commission and express opposition to this proposal with a written letter or email prior to the Commission’s next meeting on Thursday, December 10, 2015 at 10:00 a.m. (Sheraton Gateway Los Angeles Hotel). Please try to attend.

Please take a moment to express in your own words that while well-intentioned, the Commission’s recommendations are not in the public’s interest and will leave people without a non-adversarial forum to settle their disputes, due to the inability to speak freely without information potentially becoming evidence in litigation at a later date.

Send your comments to Chief Deputy Counsel Barbara Gaal. Her email address is bgaal@clrc.ca.gov. Please reference “Study K-402.” You may also mail your letter to:

For additional background information, visit the Commission website at www.clrc.ca.gov Click on “Studies” and find K-402 under “Active Studies – Evidence.” To get ongoing updates subscribe to the CLRC’s study at this link.

Please share this with your professional networks, via email and via social media or any other communication outlet.

REMINDER: Your letter MUST be received by the California Law Review Commission prior to Thursday, December 10, 2015.