Want to Set Aside Agreement Reached in Divorce Mediation?
CALIFORNIA EVIDENCE CODE
Evidence Code Section 1128
Any reference to a mediation during any subsequent trial is an irregularity
in the proceedings of the trial for the purposes of
Section 657 of the Code of Civil Procedure. Any reference to a mediation during any other subsequent noncriminal
proceeding is grounds for vacating or modifying the decision in that proceeding,
in whole or in part, and granting a new or further hearing on all or part
of the issues, if the reference materially affected the substantial rights
of the party requesting relief.
MEDIATION PRACTICE TIP: Not only is an improper disclosure of what happened in mediation grounds
for a new trial, in family law proceedings it may give rise to a claim forFamily Code section 271 sanctions!