CHILDREN AND THE LAW
...Delinquency Matters
......Confidentiality of Juvenile Proceedings
.........Mediation
4 Cards On This Topic:
  • 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.
  • Harmless error to admit mediator's declaration where P's and others' testimony supported agrmt's enforcement and not probable P would have obtained more favorable result w/out mediator's declaration.
  • 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.
  • Section 602 proceeding is "civil action" within meaning of Evid. Code §1119 and mediation confidentiality provisions apply; public policy must yield when necessary to ensure Ms’ constit’l rights to confront, cross-examine and impeach.