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CALIFORNIA EVIDENCE CODE
MEDIATION CONFIDENTIALITY PRIVILEGE
MEDIATION
Evidence Code Section 1119
Except as otherwise provided in this chapter:
(a) No evidence of anything said or any admission made for the purpose
of, in the course of, or pursuant to, a mediation or a mediation consultation
is admissible or subject to discovery, and disclosure of the evidence
shall not be compelled, in any arbitration, administrative adjudication,
civil action, or other noncriminal proceeding in which, pursuant to law,
testimony can be compelled to be given.
(b) No writing, as defined in Section 250, that is prepared for the purpose
of, in the course of, or pursuant to, a mediation or a mediation consultation,
is admissible or subject to discovery, and disclosure of the writing shall
not be compelled, in any arbitration, administrative adjudication, civil
action, or other noncriminal proceeding in which, pursuant to law, testimony
can be compelled to be given.
(c) All communications, negotiations, or settlement discussions by and
between participants in the course of a mediation or a mediation consultation
shall remain confidential.
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MEDIATION TIP: Everything that occurs in mediation is protect against disclosure and
is considered to be confidential. Many people, including the participants,
don't know that even conversations and communications that occur outside
of the mediation room itself are similarly privileged. I have seen lawyers
in litigated cases violate this rule a number of times, and such conduct
may be subject to monetary and other sanctions pursuant to
Family Code section 217.