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Mediation > Mediation confidentiality
 

Confidentiality

The primary objective of any mediation is to allow the parties to a conflict to communicate openly and honestly. Mediation gives the parties an opportunity to resolve their own conflict free of having the will of a judge or arbitrator forced upon them. The legislatures of most jurisdictions have enacted legislation that protect parties to a mediation by not allowing the disputant to use any materials created for the mediation proceeding or any written or verbal exchange by any party to the mediation, including the mediator, from being used in subsequent legal or administrative proceedings. What is said and/or exchanged in a mediation process stays in that process.

Note: In California the mediation process is protected under California Evidence Code, sections 1115 through 1128.

“No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to a mediation or a mediation consultation is admissible or subject to discovery, and the disclosure of the evidence shall not be compelled in any arbitration, administrative adjudication, civil action, or other non-criminal proceeding in which, pursuant to law testimony can be compelled to be given.�

It is under this statutory frame work that parties to a mediation process are free to open communication because all communications are presumed to be confidential. With open honest communication and the assistance of a mediator, creative solutions and options leading to a settlement can be fashioned as an alternative to litigation.




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