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CALIFORNIA EVIDENCE CODE

MEDIATION CONFIDENTIALITY PRIVILEGE

MEDIATION

Evidence Code Section 1119

Except as otherwise provided in this chapter:

(a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.

(b) No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.

(c) All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.

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MEDIATION TIP: Everything that occurs in mediation is protect against disclosure and is considered to be confidential. Many people, including the participants, don't know that even conversations and communications that occur outside of the mediation room itself are similarly privileged. I have seen lawyers in litigated cases violate this rule a number of times, and such conduct may be subject to monetary and other sanctions pursuant to Family Code section 217.