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California Evidence Code Section 1122

Legal Research Home > California Lawyer > Evidence Code > California Evidence Code Section 1122

(a) A communication or a writing, as defined in Section 250,
that is made or prepared for the purpose of, or in the course of, or
pursuant to, a mediation or a mediation consultation, is not made
inadmissible, or protected from disclosure, by provisions of this
chapter if either of the following conditions is satisfied:
   (1) All persons who conduct or otherwise participate in the
mediation expressly agree in writing, or orally in accordance with
Section 1118, to disclosure of the communication, document, or
writing.
   (2) The communication, document, or writing was prepared by or on
behalf of fewer than all the mediation participants, those
participants expressly agree in writing, or orally in accordance with
Section 1118, to its disclosure, and the communication, document, or
writing does not disclose anything said or done or any admission
made in the course of the mediation.
   (b) For purposes of subdivision (a), if the neutral person who
conducts a mediation expressly agrees to disclosure, that agreement
also binds any other person described in subdivision (b) of Section
1115.

Last modified: January 12, 2009