Public Policy Considerations in California's Mediation Privilege: A Deep Dive by Kevin Kayhanian and Brandon Brousseau
Parker Shaffie LLP senior attorney, Kevin Kayhanian and senior counsel, Brandon Brousseau recently published a piece entitled "Public Policy Considerations in California's Mediation Privilege." The article was featured in the Daily Journal on Monday, May 12, 2025.
This article tackles a crucial and evolving discussion within California's legal landscape related to the mediation privilege. While mediation is championed as a path to quick and cost-effective justice, critics argue that the privilege can sometimes prioritize secrecy over justice, raising questions about its role in protecting lawyers from malpractice claims.
In their comprehensive analysis, Kevin and Brandon explore both sides of this complex issue:
Promoting Efficiency: The article highlights California's significant investment in mediation to manage court costs and resolve disputes without judicial intervention. It delves into how the expansion of the mediation privilege in 1997 aimed to encourage candor and facilitate settlements.
Shielding Malpractice: Conversely, the article addresses concerns that the privilege has "metastasized into armor for negligent lawyers," citing cases like Beach v. Johnson to illustrate the potential for injustice when clients are left without recourse.
The Ongoing Debate: They article also examines attempts at reform, including proposed legislation that would have created a malpractice exception to the privilege, and the 2018 amendment requiring attorneys to disclose the confidentiality of mediation communications.
Attorneys Kevin Kayhanian & Brandon Brousseau appear in a promotional photo for their article, "Public Policy Considerations in California's Mediation Privilege" recently published in the Daily Journal.
About the Authors:
Kevin Kayhanian is a senior attorney at Parker Shaffie LLP with extensive experience in complex civil litigation, including catastrophic injury, environmental, and products liability cases. He has represented Fortune 500 companies and major corporations in state and federal courts. Kevin earned his J.D. from Santa Clara University School of Law and his undergraduate degree from UCLA, graduating with distinction. More
Brandon Brousseau is senior counsel at Parker Shaffie LLP. Brandon is an accomplished litigator specializing in professional liability, real estate, and business litigation. He excels in resolving cases through dispositive motions like summary judgments as often as settlements. His background in land development and real estate transactions provides a cost-effective litigation approach. Mr. Brousseau earned his JD from Pepperdine Law after studying at UCLA. More
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