CONFIDENTIALITY ACKNOWLEDGMENT

 

For mediation to be successful, the parties must feel free to discuss the issues openly, knowing that their communications will be confidential.  Therefore, all participants acknowledge that the provisions of California Evidence Code Sections 1115-1128, and Section 703.5, apply to this mediation. 

In summary, these sections of the Code provide that:

1)        As a general rule anything said during a mediation, or documents prepared solely for use in mediation, are inadmissible in a civil court proceeding, and all communications provided to this program in preparation for a mediation are similarly protected. 

2)        Mediators cannot voluntarily testify, nor can they be subpoenaed to testify, in a later civil proceeding as to any statement, or any conduct, that occurred during the mediation.

3)        A summary or description of the content of a mediation session is admissible only if there is an express written agreement among all participants, including the mediator, to waive confidentiality as to that summary or description.

4)        A communication or document prepared for a mediation, such as a photograph or diagram, can be used in civil court by the party who prepared it, as long as it does not describe anything said or done in the mediation.  However, that communication or document cannot be subpoenaed or used in civil court without the permission of the party who prepared it.

5)        Documents or other evidence previously existing or created for purposes outside of the mediation, such as a rental agreement, are not subject to the rule of confidentiality. They can be used in court or elsewhere, even if they are also used during the mediation process.

6)        A written settlement agreement resulting from a mediation can be admissible in court or otherwise can be disclosed, but only if all parties sign the agreement and the agreement includes a statement that it is binding or is enforceable in court.

7)        Recording any meetings and other conversations related to this mediation is strictly prohibited. If this mediation is held via phone or video conferencing, both parties promise that no unidentified or unauthorized parties are present.

The above paragraphs are only a summary of the applicable rules.  Participants in this mediation are encouraged to ensure that they fully understand the provisions of California Evidence Code Sections 1115-1128 and Section 703.5, and to seek legal or other advice if necessary.  In addition to the limitations imposed by California statutes on use of mediation communications or writings in civil court, this mediation program encourages all parties to respect the general principle that confidentiality is crucial throughout the mediation process.

By signing below, I acknowledge the confidentiality provisions of California law applicable to the mediation process and confirm that I have been given an opportunity to seek interpretation of the above Code sections by a person of our own choosing. I also agree to respect the principle of mediation confidentiality.