Alternative Dispute Resolution
May 12, 2025
The mediation privilege: A sword and a shield
California's mediation privilege, governed by Evidence Code sections 1115-1129, is broadly construed and strictly enforced to protect all communications, writings, and advice related to mediation--including preparatory discussions--making even evidence of attorney malpractice during mediation inadmissible, as reaffirmed in Beach v. Johnson (2025).
Mark B. Wilson
Partner
Klein & Wilson
4770 Von Karman Avenue
Newport Beach , CA 92660
Phone: (949) 631-3300
Email: wilson@kleinandwilson.com
Loyola Law School; Los Angeles CA
California has an "extensive statutory scheme governing
mediation confidentiality and its exceptions." (Simmons v. Ghaderi
(2008) 44 Cal. 4th 570, 578.) This colloquially named "mediation privilege"
reflects the legislature's determination that "confidentiality is essential to
mediation." (Foxgate Homeowners' Ass'n, Inc. v. Bramalea California, Inc.
(2011) 26 Cal. 4th 1, 9.)
Evidence Code sections 1115, et seq. define the ...
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