Calif. Supremes: Mediation Evidence Is Secret | Law.com | 7.14.04
In a closely watched case, the California Supreme Court on Monday ruled that photographs, witness statements and other evidence used during mediation proceedings should be kept confidential.
The unanimous decision overturns a 2nd District Court of Appeal ruling contested by many mediators. The issue had divided the mediation community — some argued that such evidence should be released to prevent abuse of the process while others said changing the rules would keep parties away. …
“One of the fundamental ways the Legislature has sought to encourage mediation is by enacting several ‘mediation confidentiality provisions,’” Chin wrote. …
Perhaps it is the physician in practice or the very naïve second–year law student that sees this as some silver in the adversarial clouds of medical malpractice and tort reform.