CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Enforcement of Oral or Written Settlement
.........Mediation Confidentiality
 20 Cards On This Topic:
  • Statements and admissions in mediation not admissible in subsequent trial; mediation privilege.
  • Statutory exceptions to mediation privilege.
  • Things protected from disclosure under mediation privilege remain protected.
  • Reference to a mediation in subsequent trial is an irregularity in the proceedings and grounds for vacating the decision.
  • Unless expressly waived, atty-client communications are confidential–neither discoverable nor admissible in civil action insofar as they were "for the purpose of, in the course of, or pursuant to, a mediation."
  • Court of Appeal improperly relied on estoppel to create judicial exception to statutory scheme of mediation confidentiality and evidence re mediation not admissible; implied waiver does not apply to mediation confidentiality.
  • To be to be admissible under EC 1123 (b), arbitration clause in mediation settlement memo must be signed by the parties and include a direct statement to the effect that it is enforceable or binding.
  • EC 1119 absolutely protects "writings" prepared for mediation, incl. photos, videos, factual material and amalgams, etc.; not governed by work product principles and no good cause exception for discovery of derivatives.
  • No exceptions to confidentiality of mediation communications or to statutory limits on content of mediator’s reports; neither mediator nor party may reveal communications made during mediation.
  • While a party may do so, a mediator may not report to the court about the conduct of participants in a mediation session.
  • Where P's damages stem entirely from entering a Settlement Agreement, and any communications w/attys regarding it occurred during mediation, mediation confidentiality precludes P from proving attys' acts or omissions caused his damages.
  • Parties may be compelled to produce declarations of disclosure exchanged in mediation.
  • Stipulated judgment not made inadmissible by mediation privilege where, by providing court would enforce it and they would be bound by it, parties clearly showed they did not intend it to remain confidential.
  • As waiver of confidentiality term in mediation agreement never took effect because one party did not sign agreement, agreement inadmissible and thus unenforceable.
  • Mediation confidentiality statutes provide no exception for judicial estoppel, and the courts may not fashion one.
  • Chart prepared during mediation allotting assets among siblings admissible in later litigation to enforce settlement agreement under mediation confidentiality exception of EC 1123(c).
  • Settlement agreement on which SJ for Ds based was admissible under EC 1123 exception to mediation confidentiality and not rendered unenforceable by not having been signed personally by each of parties.
  • Confidential mediation communications may not be disclosed without parties' express waiver; mediator incompetent to testify under EC 703.5.
  • Evidence of statements made during mediation may not be admitted in court to prove the parties orally settled the dispute; mediation privilege.
  • Admission of mediation evidence over objection of one party and mediator was harmless error; Olam v. Congress Mtg. suspect authority in the face of later Calif. opinions.


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