Evidence Code section 1121 - "Requirement That Participants Consent to Disclosure"

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CALIFORNIA EVIDENCE CODE

CONFIDENTIALITY OF MEDIATOR REPORTS

MEDIATION

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 Section 1118.

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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.


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