TMS Event Details

Event Title: Confidentiality

Event Type: MCLE Society Session


Remmers Global
One Kaiser Plaza – Ste 350
(Please provide own lunches)

Presenter: Fred Hertz

Date: Monday, August 14, 2017

Time: Noon to 1:30pm

Please note, presentation materials will not be distributed on site. An email will be sent out 1-2 days before the event, with digital documents (if any) so please check your email prior to attending the Society Session.


This program provides 1 hour of MCLE Credit for TMS Members.


Mediators differ on whether exceptions to mediation confidentiality are a problem.  For more than 20 years California’s mediations have enjoyed absolute confidentiality and thus protection from disclosure in civil proceedings.  The state is poised for a change as the California Law Revision Commission (CLRC) has issued a draft recommendation providing for an exception to confidentiality upon which the public should comment to the CLRC by September 1st.  Keep in mind that 90% of CLRC recommended legislation is adopted and becomes law without change.
TMS Members have the unique opportunity to join a discussion introduced and led by Fred Hertz on the pros and cons of the draft recommendation.  Although Ron Kelly and Rachel Ehrlich are unable to participate in the program, fortunately Fred Hertz will be there to lead a dynamic, robust discussion on this important issue.  Please join us for this Society Session to discuss, ask questions, and exchange ideas before the official comment period ends!
*****Deadline for submitting letters to the Commission
is September 1, 2017*****
Discussion Leader
Frederick Hertz
graduated from Berkeley Law School in 1981, clerked with the Minnesota Supreme Court, and subsequently received a Master’s Degree in Urban Geography from the University of California, Berkeley.  Mr. Hertz is an attorney/mediator whose work focuses on the resolution of disputes involving real estate and family matters, including the dissolution of marital and non-marital relationships and those of extended families, siblings and parents.  He provides transaction and negotiation counsel and also serves as a mediator and arbitrator in these areas.  Mr. Hertz writes and speaks nationally on the laws affecting unmarried couples.  Mr. Hertz has appeared as a panelist for the California Continuing Education, Rutter Group, The California CPA Foundation, California State Bar, and Bar Association of San Francisco and American Bar Association programs.  He has appeared on the Oprah Winfrey Show, the Today Show, All Things Considered, and Talk of the Nation, and is often quoted in the New York Times, the Los Angeles Times, the Advocate, and other national publications.