CALIFORNIA EVIDENCE CODE
EVIDENCE EXCLUDED BY EXTRINSIC POLICIES
Evidence Code Section 1118
Oral Agreements Reached in Mediation
An oral agreement "in accordance with Section 1118" means an
oral agreement that satisfies all of the following conditions:
(a) The oral agreement is recorded by a court reporter or reliable means
of audio recording.
(b) The terms of the oral agreement are recited on the record in the presence
of the parties and the mediator, and the parties express on the record
that they agree to the terms recited.
(c) The parties to the oral agreement expressly state on the record that
the agreement is enforceable or binding, or words to that effect.
(d) The recording is reduced to writing and the writing is signed by the
parties within 72 hours after it is recorded.
MEDIATION TIP: Always reduce your mediation agreement to writing, in order to meet the
expectations of the parties regarding confidentiality. Note that under
subsection (d), an oral agreement must be converted into a written agreement
within three days!
I provide you a link to a sample mediation agreement that I use in my Palm
Springs divorce mediation practice that you can rewrite to serve your
own needs. All exemplars on this or any other of my websites are for illustration
purposes, and should only be used after you have independently verified
what is legally enforceable!