The California Supreme Court reversed a decision of the court of appeal. The court held that the mediation confidentiality statutes protected the confidentiality of statements made privately by counsel to a client during the course of mediation, even when the client sought subsequent disclosure of those statements for purposes of a malpractice action against counsel.
Michael Cassel was a party to litigation over the ownership of a business. The case went to mediation. For three days prior to and including the day of the mediation Cassel met with his attorneys. Cassel and his attorneys were the sole participants in the meetings, which were held outside the presence of the opposing party and the mediator. As a result of the mediation, Cassel and the opposing party entered into a $1.25 million settlement agreement.
