Foxgate Homeowners' Assn. v. Bramalea California, Inc. (2001) 26 Cal.4th 1

Horvitz & Levy LLP was retained in this case to present oral argument before the California Supreme Court, resulting in a favorable opinion for its client, a defense attorney who had been sanctioned by a trial court judge after a court-appointed mediator reported that counsel had not participated in the mediation in "good faith."

The California Supreme Court held the mediator had violated statutory rules of confidentiality by revealing communications and conduct arising from the mediation. Mediators statewide have lauded the decision as an important affirmation of mediation confidentiality.

Jon Eisenberg, the Horvitz & Levy attorney who argued the case for defense counsel in the Supreme Court, was quoted in the San Francisco Chronicle after the court issued its opinion:

'Mediation confidentiality will flourish in California because of this decision,' said Jon Eisenberg, the attorney for Bramalea. He said that confidentiality was the most important aspect of mediation, which has become a routine part of the court process. 'At the very heart and soul of the process is the assurance that the parties can speak freely,' he said.

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