Evidence Code section 1118 - "Oral Agreements to Mediate"

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CALIFORNIA EVIDENCE CODE

EVIDENCE EXCLUDED BY EXTRINSIC POLICIES

MEDIATION

Evidence Code Section 1118

Oral Agreements Reached in Mediation

An oral agreement "in accordance with Section 1118" means an oral agreement that satisfies all of the following conditions:
(a) The oral agreement is recorded by a court reporter or reliable means of audio recording.
(b) The terms of the oral agreement are recited on the record in the presence of the parties and the mediator, and the parties express on the record that they agree to the terms recited.
(c) The parties to the oral agreement expressly state on the record that the agreement is enforceable or binding, or words to that effect.
(d) The recording is reduced to writing and the writing is signed by the parties within 72 hours after it is recorded.

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MEDIATION TIP: Always reduce your mediation agreement to writing, in order to meet the expectations of the parties regarding confidentiality. Note that under subsection (d), an oral agreement must be converted into a written agreement within three days!

I provide you a link to a sample mediation agreement that I use in my Palm Springs divorce mediation practice that you can rewrite to serve your own needs. All exemplars on this or any other of my websites are for illustration purposes, and should only be used after you have independently verified what is legally enforceable!


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