Attorney at Law and Mediation Services
CONTACT ME 831-261-5992
I am an information based mediator and believe that a lasting settlement can be reached when the parties have a full understanding of all of the issues in dispute, have had the opportunity to address their feelings and have participated in reaching a mutually agreed upon settlement.
Confidentiality of the mediation process in California is controlled by statutes and case law, and insures to the parties that the matters they discuss during the mediation process will remain confidential. Mediation confidentiality begins with the first interview with the mediator and continues after the mediation process ends and all matters discussed during the mediation remain confidential unless confidentiality is waived by both parties. Thus confidentiality of the matters discussed in mediation extends to the courts and unless confidentiality is waived by both parties, neither party can testify about what occurred during the mediation in court. Also, the mediator cannot testify in court about the matters discussed in mediation because, by statute, the mediator is not a competent witness and therefore cannot testify.
The purpose of confidentiality is to insure that both parties can fully discuss all matters without the fear that they will later be confronted by what they said during mediation in court.