Legal Question in Family Law in California
how do i subpoena a mediator for cross examination @ the evidentiary hearing. i have the paper work.
san diego CA
Asked on 12/14/10, 7:05 pm
1 Answer from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
I'm surprised at this question. Normally when the parties attend mediation, the mediator has the parties sign a confidentiality acknowledgement. This usually includes a statement that the mediator cannot be called as a witness, because statements made in mediation are confidential and are not admissible as evidence.
A mediator is incompetent to testify in any subsequent civil proceeding as to statements made or matters occurring at or in conjunction with the mediation. (Evid. Code, sect. 703.5.)
Answered on 12/20/10, 12:37 pm