California Family Law Attorney

Want to Set Aside Agreement Reached in Divorce Mediation?



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!