Want Information About Divorce and Family Mediation?
CALIFORNIA EVIDENCE CODE
CONFIDENTIALITY OF MEDIATOR REPORTS
Evidence Code Section 1121
Neither a mediator nor anyone else may submit to a court or other adjudicative
body, and a court or other adjudicative body may not consider, any report,
assessment, evaluation, recommendation, or finding of any kind by the
mediator concerning a mediation conducted by the mediator, other than
a report that is mandated by court rule or other law and that states only
whether an agreement was reached, unless all parties to the mediation
expressly agree otherwise in writing, or orally in accordance with
MEDIATION TIP: Evidence Code section 1121 requires not only the consent of the parties,
but also that of the mediator, in writing before disclosure of any writings
generated in mediation can occur. Neither the mediator, nor the parties
in a litigated case, can make use of anything that occurred in mediation
without a complete agreement of all participants.