Confidentiality in Mediation – California Law


The resources listed below are drawn from Elizabeth Bader’s writings or available from public sources.
Mediation Confidentiality Checklist. Press here.
Bader, E.: ‘Mediation Confidentiality,’ Chapter 7 in: “A Litigator’s Guide to Effective Use of ADR in California (CEB).
Rules of Court on Mediation.
Counsel should research each particular court’s rules in addition to general rules which are mediation-related.
Legislative History of Evidence Code sections 1115-1128. Press links below. Contents. Exhibit 1. Exhibit 2. Exhibit 3. Exhibit 4. Exhibit 5. Exhibit 6. Exhibit 7. Exhibit 8. Exhibits 9,10 & 11. Exhibits 12 & 13.
This is the legislative history which Elizabeth Bader filed with the Supreme Court in Rojas v. Superior Court (2004) 33 Cal. 4th 407.  The Court relied on it heavily and mentioned Elizabeth and her co-amicus in the opinion. See footnote 7, p. 418.
Final Recommendation of the Law Revision Commission on Revisions of the Mediation Confidentiality Statutes, 1997. Press here.
With permission of the California Law Revision Commission. May be cited as: California Law Revision Commmission, Recommendation: Mediation, Confidentiality (1996) 26 Cal. L. Revision Comm’n Reports 407.
BREAKING NEWS! Legislature directs the California Law Revision to consider the need to amend California’s confidentiality laws in light of Cassel v. Superior Court, 51 Cal. 4th 113 and other cases.
Press here for the Law Revision’s Notes on this process. Press here for the Law Revision’s Staff Memoranda.

To view legislative history documents and other useful documents on California mediation confidentiality laws, including California Evidence Code 1115-1128, please return to this page from a desktop computer. Due to the abundance of links and documents, the information can only be accessed in the desktop format.