CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Mediation
 17 Cards On This Topic:
  • Statements and admissions in mediation not admissible in subsequent trial.
  • Applicability of mediation privilege.
  • 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.
  • 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.
  • 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.
  • Chart prepared during mediation allotting assets among siblings admissible in later litigation to enforce settlement agreement under mediation confidentiality exception of EC 1123(c).
  • Unreasonable violation of DCA 3's local rules regarding mandatory appellate mediation will henceforth result in monetary sanctions.
  • Mediation briefs and e-mails protected by mediation confidentiality, but law firm failed to prove contents of conversation in which its attorney purportedly lowered P's settlement demand were so protected.
  • H didn’t bear BOP on W’s motion to set aside mediation-based MSA where W refused to waive privilege; presumption of undue influence in marital transactions must yield to policies favoring mediation and finality of judgments.
  • Releasing summaries of personnel records of priests accused of sexual molest, which were prepared for mediation, had liability admissions, and revealed mediation discussion, would violate mediation confidentiality privilege.
  • Hearing conducted by employment termination review panel, constituted per employment contract, was neither arbitration nor mediation, and statements not protected by EC 703.5 nor EC 1119.
  • Confidential mediation communications may not be disclosed without parties' express waiver; mediator incompetent to testify under EC 703.5.
  • Mediation communications as affected by extrinsic policies.


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