Snyder: Mediation Confidentiality

Friday, July 11, 2025 | 0

One place a would-be settle-and-sue plaintiff is not going to find cannon fodder is for communications during mediation. California has stringent laws to protect confidentiality in mediation. 

Teddy Snyder

Evidence Code Division 9 Chapter 2 Sections 1115-1129 spell out in excruciating detail the ban on introducing protected communications and what is not included within the ban, such as an enforceable settlement agreement. Talking about evidence that is already admissible, such as discovery responses, does not make that evidence inadmissible.

The code requires attorneys handling civil cases to provide clients with a form mediation disclosure statement so there can be no doubt that communications under the mediation umbrella are confidential. That includes communications with the mediator before and after the mediation session.

Mediation confidentiality is also protected in administrative cases, such as workers' compensation claims, under Government Code 11420.30.

The mediation privilege does not apply to other settlement discussions, such as informal settlement meetings or negotiations in a courthouse hallway.

Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through snydermediations.com.