E.: ‘Mediation Confidentiality,’ Chapter
7 in: "A Litigator’s Guide to Effective
Use of ADR in California.
through CEB in paper and through www.ceb.com.
Code Sections 1115-1128.
of Court on Mediation.
have different local rules which may impact mediation
confidentiality. Counsel should research each particular
court to determine whether such rules exist.
General rules for court-connected
mediation may be found at Title 3, Chapter
3, Article 2 of the California Rules of Court.
Legislative History of Evidence Code sections 1115-1128.
Press links below.
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.
|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.
Confidentiality After Thottam.
Elizabeth's most recent article discusses recent case law on confidentiality and its implications for collaborative law and mediation.
For a free searchable database of California case law, go
to www.courtinfo.ca.gov/opinions and click on “Searchable
on Selected Issues in Confidentiality.
E, “Mediation Confidentiality: What Litigators
Need to Know After Rojas v. Superior Court,” 26
Cal. Civil Lit. Rptr., No. 5 (October
2004) pp. 189-194.