Evid. Code 1129 affects appellate mediation

If you're an appellate lawyer, you probably engage in some form of appellate mediation, perhaps through one of the court of appeal programs or the 9th Circuit's mediation office. Thus, you should know that at the start of this year a new section of the California Evidence Code, section 1129, requires that you provide a written disclosure to your clients explaining mediation confidentiality restrictions and also obtain the client's written acknowledgement that the client understands the disclosure before participating in a mediation. The statute has very specific requirements for the disclosure (e.g., it must be printed the client's preferred language, be in at least 12-point font, be printed on a single page, not be attached to any other document, include the names of the attorney and client, be signed and dated by the client and attorney). The statute provides verbatim language that suffices, so take a look. And take care of this now, rather than waiting until it might become a problem!