Legal Question in Wills and Trusts in California
Hi everyone,
On a mediation document that attorneys state the factual background of the case and take to mediation, I noticed on the first page it says, "protected by evidence code 1152." What does this mean? Thank you
3 Answers from Attorneys
It refers to a provision of the Evidence code that prohibits the use of information disclosed in mediation in any subsequent litigation.
I agree with Mr. McCormick. Evidence Code section 1152 makes statements that a person has offered to settle or compromise or in negotiation of a settlement, is inadmissible to prove his or her liability. The purpose is to encourage parties to settle their disputes, and engage in meaningful mediation, rather than make statements that they will fear will be used against them later in court if the case does not settle. Mediators and courts are very strict about enforcing this evidentiary rule, and the rule of mediation confidentiality, and do not allow evidence in court of any statements made during mediation.
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