Evidence Code section 1125 - "When Mediation Privilege Ends"

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CALIFORNIA EVIDENCE CODE

WHEN MEDIATION ENDS

MEDIATION

Evidence Code Section 1125

(a) For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied:
(1) The parties execute a written settlement agreement that fully resolves the dispute.
(2) An oral agreement that fully resolves the dispute is reached in accordance with Section 1118.
(3) The mediator provides the mediation participants with a writing signed by the mediator that states that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121.
(4) A party provides the mediator and the other mediation participants with a writing stating that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121. In a mediation involving more than two parties, the mediation may continue as to the remaining parties or be terminated in accordance with this section.
(5) For 10 calendar days, there is no communication between the mediator and any of the parties to the mediation relating to the dispute. The mediator and the parties may shorten or extend this time by agreement.
(b) For purposes of confidentiality under this chapter, if a mediation partially resolves a dispute, mediation ends when either of the following conditions is satisfied:
(1) The parties execute a written settlement agreement that partially resolves the dispute.
(2) An oral agreement that partially resolves the dispute is reached in accordance with Section 1118.
(c) This section does not preclude a party from ending a mediation without reaching an agreement. This section does not otherwise affect the extent to which a party may terminate a mediation.

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MEDIATION TIP: Section 1125 outlines when a mediation is deemed to end for purposes of ending expectations of confidentiality. Essentially this occurs when all the parties sign a writing that constitutes the mediated settlement of all issues. Again, best practices suggest that the agreement itself contain a clause that the mediation has ended, and which authorizies submittal to the Court or other agency or body.


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