Law and Software

The statutory rules for mediation confidentiality in California are in Sections 1115-1128 of the California Evidence Code. And they have been clarified in a few recent California Supreme Court decisions. Cassel v. Superior Court in 2011 is a must read. Also Foxgate Homeowners Assn. v. Bramalea (2001).

But where does the mediator fit in these rules? The answer is murky, and leads to another question. Whatever it says in the CEC, what might happen to confidentiality if a case ends up in Federal court. more…