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CALIFORNIA EVIDENCE CODE

EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES

MEDIATION

Evidence Code Section 1126

Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, and confidential under this chapter before a mediation ends, shall remain inadmissible, protected from disclosure, and confidential to the same extent after the mediation ends.

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MEDIATION TIP: As a mediator, you need to remind your disputants that everything that occurs within the mediation remains privileged and confidential, with the exception only of the final agreements or stipulations that typically come to be filed with a Court. This means that they cannot refer to what occurred, or was said, in mediation weeks, months, or years later if they are back in family court litigating.