SB 1372, as introduced, Wieckowski. Mediation: confidentiality.
Under existing law, when a person consults a mediator or mediation service for the purpose of retaining mediation services, or when persons agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a civil dispute, anything said in the course of a consultation for mediation services or in the course of the mediation is not admissible in evidence or subject to discovery, and all communications, negotiations, and settlement discussions by and between participants or mediators are confidential, except as specified. For purposes of confidentiality, existing law provides that a mediation ends when one of several specified conditions is satisfied, including if there is no communication between the mediator and any of the parties to the mediation relating to the dispute for 10 calendar days.
This bill would provide that a mediation ends if there is no communication between the mediator and any of the parties to the mediation relating to the dispute for 14 calendar days.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1125 of the Evidence Code is amended
2to read:
(a) For purposes of confidentiality under this chapter,
2a mediation ends when any one of the following conditions is
3satisfied:
4(1) The parties execute a written settlement agreement that fully
5resolves the dispute.
6(2) An oral agreement that fully resolves the dispute is reached
7in accordance with Section 1118.
8(3) The mediator provides the mediation participants with a
9writing signed by the mediator that states that the mediation is
10terminated, or words to that effect, which shall be consistent with
11Section 1121.
12(4) A party provides
the mediator and the other mediation
13participants with a writing stating that the mediation is terminated,
14or words to that effect, which shall be consistent with Section
151121. In a mediation involving more than two parties, the mediation
16may continue as to the remaining parties or be terminated in
17accordance with this section.
18(5) Forbegin delete 10end deletebegin insert 14end insert calendar days, there is no communication between
19the mediator and any of the parties to the mediation relating to the
20dispute. The mediator and the parties may shorten or extend this
21time by agreement.
22(b) For purposes of confidentiality under this chapter, if a
23mediation partially resolves a dispute, mediation ends when either
24of the following conditions
is satisfied:
25(1) The parties execute a written settlement agreement that
26partially resolves the dispute.
27(2) An oral agreement that partially resolves the dispute is
28reached in accordance with Section 1118.
29(c) This section does not preclude a party from ending a
30mediation without reaching an agreement. This section does not
31otherwise affect the extent to which a party may terminate a
32mediation.
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