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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

December 2011     MCLE Test and Answer Sheet

Test No. 209: What Happens in Mediation...

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. Mediation confidentiality in California's state courts is a product of both statute and case law.
 True.
 False.

2. The basis for mediation confidentiality in California's federal courts is found only in the Federal Rules of Evidence and not in common law.
 True.
 False.

3. Mediation confidentiality in California's state courts is absolute, with no exceptions.
 True.
 False.

4. A mediator may not report an attorney who misbehaves at the mediation to the superior court judge who has the underlying case on his or her calendar.
 True.
 False.

5. Mediation confidentiality prevents a mediator from reporting the failure of an attorney or party to attend a mediation to the superior court judge who has the underlying case on his or her calendar.
 True.
 False.

6. Mediation confidentiality allows attorneys to misrepresent facts and law to mediators and opposing counsel at the mediation.
 True.
 False.

7. A diagram drawn by a witness to an accident at the time of the accident becomes confidential if referred to or used by an attorney at a mediation.
 True.
 False.

8. A diagram drawn at a mediation by a witness to an accident is protected by mediation confidentiality.
 True.
 False.

9. A mediator's testimony about statements or conduct by parties at a mediation regarding whether one of the parties was competent to enter into the settlement agreement can be compelled in a federal civil proceeding to enforce the mediation settlement agreement.
 True.
 False.

10. When attempting to enforce a mediation settlement in state court, a party must show that the parties had expressly waived mediation confidentiality pursuant to language in the Evidence Code.
 True.
 False.

11. Mediation confidentiality protects attorneys in state court from being sued for legal malpractice by their clients for anything they said or did during a mediation.
 True.
 False.

12. Mediation confidentiality does not apply to communications between clients and their attorneys that were made outside the presence of the mediator and opposing counsel.
 True.
 False.

13. Communications between clients and their attorneys before the commencement of a mediation are not confidential.
 True.
 False.

14. In Cassel v. Superior Court, the California Supreme Court invited the state legislature to reverse the court's holding that mediation confidentiality applies to all communications made at mediation, including those that may involve legal malpractice.
 True.
 False.

15. Like the state courts, California's federal district courts strictly apply confidentiality to all communications and writings made during a mediation.
 True.
 False.

16. Despite the fact that federal courts are authorized to establish rules regarding dispute resolution, a recent decision makes it doubtful that they have the authority to create their own local rules concerning mediation confidentiality.
 True.
 False.

17. Parties engaged in court-ordered and private mediations in federal court proceedings can negotiate for the total confidentiality of mediation communications.
 True.
 False.

18. Communications in state court mediations conducted by court-connected or appointed mediators are as confidential as communications in private mediations.
 True.
 False.

19. California's attorney-client privilege in the Evidence Code is a further basis for protecting attorney-client communications at mediations.
 True.
 False.

20. Evidence Code Section 703.5 confers on a mediator an independent privilege not to testify about statements or conduct by parties at a mediation.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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