CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Evid. Affected by Extrinsic Policies
.........Mediation Communications
10 Cards On This Topic:

Statements and admissions in course of mediation not admissible.

Written settlement agreement prepared during, or per, mediation, is not inadmissible, or protected from disclosure, signed by settling parties and opne of enumerated conditions satisfied.

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.

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.

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.

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" and confidentiality provisions apply; public policy must yield when necessary to ensure Ms' constit'l right to impeach W.

Statements during course of mediation inadmissible in later proceeding to prove terms of oral settlement agreement.