Common use of MEDIATION CLAUSE Clause in Contracts

MEDIATION CLAUSE. This is an optional clause. However, if used, Evidence Code section 1129(a) requires that attorneys provide written disclosure to the client regarding mediation confidentiality and that communications between the attorney and client made in preparation for the mediation, or during the mediation, are confidential and cannot be disclosed or used even if the client decides to sue attorney for malpractice because of something that happens during the mediation. Under Business and Professions Code section 6200, a mediation option may be offered to the parties after the attorney or client files a request for fee arbitration with some local bar association or the State Bar fee arbitration programs. The attorney may want to consider this in determining whether to include a pre-filing mediation clause such as the suggested clause.