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The Lessons of Rojas: Let's Play Ball
Elizabeth Moreno
ABSTRACT: Legal commentators are claiming that the new California Supreme Court opinion of Rojas v. Superior Court (July 13, 2004), where the court held that everything disclosed in mediation has a veil of ‘absolute confidentiality’, will cause litigants to disclose their weaknesses then hide behind this veil of ‘absolute confidentiality’ during the post-mediation discovery process and at trial. The legal commentators are claiming that the Rojas decision will kill mediation. These commentators’ theories are out of the ball park.

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