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Elizabeth E. Bader, Esq.
Bader Conflict Resolution Services

Serving San Francisco and the Greater Bay Area

 
Confidentiality in Mediation: A Guide to California Law


The resources listed below are created by Elizabeth Bader for this page, drawn from Elizabeth’s writings or available from public sources.

 
 
No. Description Source:
1 Mediation Confidentiality Checklist.
Press here.

Bader, E.: ‘Mediation Confidentiality,’ Chapter 7 in: "A Litigator’s Guide to Effective Use of ADR in California.

Available through CEB in paper and through www.ceb.com.

2 Evidence Code Sections 1115-1128.
Press here.

www.leginfo.ca.gov/calaw.html
3 Rules of Court on Mediation. Courts 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.   See www.courtinfo.ca.gov/rules.

4

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.

5 Final Recommendation of the Law Revision Commission on Revisions of the Mediation Confidentiality Statutes, 1997.
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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.
6 NEW!
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 Opinions 1850-Present.”

7 Article on Selected Issues in Confidentiality.
Press here.

Bader, 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.