Mediation/Confidentiality/Settlement Agreement: Second District, Division 6 Affirms Judgment Enforcing Mediation Settlement Agreement – Statements Made During Mediation Are Inadmissible

Evidence Code Section 1119 Makes Anything Said During Mediation Inadmissible And Undiscoverable

     We have posted from time to time on mediation and confidentiality, noting how difficult it is to set aside a settlement agreement based on statements made during the mediation process:  statements made during mediation, even to one’s own attorneys, are inadmissible.  Cassel v. Superior Court, 51, Cal. 4th 113, 123 (2011).  And so in Cruz v. Bank of America, No. B247763 (2nd Dist. Div. 6 Jan. 6, 2014) ((Yegan, J., author) (unpublished), the trial court denied plaintiffs’ motion to set aside the settlement agreement, ruling that statements made during mediation are inadmissible.  The Court of Appeal affirmed the order enforcing a mediation settlement agreement with this comment:  “Appellants had their mediation, settled the matter, and had their day in court.”