Mediation is conducted pursuant to California Rules of Court Rules 1630 et seq., and California Evidence Code 703.5, 1115-1128, 1129 and 1152 and other sections or successor sections of the California Evidence Code and any Federal law counterparts, if applicable, governing, among other things, the confidentiality of mediation proceedings. The mediator may not testify in any proceedings pursuant to these statutes and the participants to these statutes and the participants shall not seek to have the mediator testify.
Subject to certain limited exceptions set forth in the Evidence Code and case law, statements made during the mediation are confidential, are generally not subject to discovery outside the mediation process, and are not admissible in any subsequent proceeding. However, written or oral agreements reached by the parties in the course of the mediation may, under certain circumstances, be admissible in a subsequent proceeding.
Post mediation communications between the mediator and any participant related to the mediation shall be confidential. The participants agree that the mediator may consult with colleagues about this matter and may describe this matter to colleagues for educational purpose as long as the mediator does not disclose the participants names or any other information which would specifically identify the participants.