California Supreme Court Broadens the Mediation Confidentiality Privilege

Cal. Evid. Code § 1119 makes confidential all settlement communications in the course of a mediation, and provides that communications made 'in any arbitration, administrative adjudication, civil action' made 'for the purpose of, in the course of, or pursuant to, a mediation' are not discoverable and not admissible. Here, the California Supreme Court unanimously held that, in a subsequent malpractice action, the former client may not admit into evidence any communications with prior attorney in the course of mediation in the prior action.
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.