California's strong mediation confidentiality protections have long shaped how construction disputes are resolved through ADR. With the enactment of SB 440 and new Evidence Code §1129, attorneys and mediators must now navigate a narrow but significant exception allowing certain mediation communications to be introduced in legal malpractice actions.

This program will provide construction lawyers, litigators, insurers, and neutrals with a practical overview of what SB 440 changed, when mediation confidentiality may be pierced, and how these developments impact multi-party construction mediations involving owners, contractors, carriers, and public entities. The panel will also address required attorney disclosures, client acknowledgments, risk management considerations, and best practices for preserving trust and clarity in the mediation process.