Welcome to The Mediation Society

Who We Are

The Mediation Society is a non-profit organization based in Northern California that is composed of trained and experienced mediators who meet regularly to share information, develop mediation skills and techniques, and enjoy an atmosphere of fellowship among peers. To this end, the Society sponsors dinners, round tables and workshops in San Francisco featuring leading local, national and international speakers and subjects in the field of mediation. Membership in the Society and participation in its activities are intended to further the advancement of the practice of mediation, both locally and nationally, and to foster an appreciation for mediation as a valuable form of alternative dispute resolution.

Mediator's Corner

Mediator's Corner Archives

Paul Dubow

Mediation Confidentiality—Latest Status in the Legislature by Paul Dubow

As most of us know, for the past three years, the California Law Revision Commission has been studying the question of whether there should be an exception from mediation confidentiality for evidence of attorney malpractice. The study commenced in response to an attempt by the California Conference of Bar Associations to enact a bill that would overturn the decision in Cassel v. Superior Court, (2011) 51 Cal. 4 th 113.

The Commission faces a daunting task. The general public understandably believes that attorneys who commit malpractice during the course of a mediation should not go unpunished. This view is probably shared by most members of the California legislature.  Thus, the Commission is under a great deal of pressure to propose a bill that provides for an exception, even though the Commissioners and, in particular, the Commission staff understand that creation of an exception may seriously undermine the concept of mediation confidentiality and, in turn, the practice of mediation.

[ ...continued ]


* Paul Dubow is an arbitrator and mediator in San Francisco. He specializes in employment, insurance, franchise, financial and other commercial law matters. He is a past president of the California Dispute Resolution Council, a fellow of the College of Commercial Arbitrators, and a founder and past president of The Mediation Society of San Francisco.