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Alternative Dispute Resolution

Jul. 26, 2001

Lawyers, Mediators Should Applaud the 'Foxgate' Ruling

The California Supreme Court has upheld the confidentiality of communications during mediation as established in Evidence Code Section 1119. Foxgate Homeowners' Ass'n Inc. v. Bramalea Cal. Inc., S087319 (Cal. July 9, 2001). The court ruled that neither mediators nor participants may reveal communications made during mediations, even if the purpose of the revelation would be to support a motion to sanction "bad faith" participation in the mediation.

        By Robin Meadow and Jeff Kichaven
         
        The California Supreme Court has upheld the confidentiality of communications during mediation as established in Evidence Code Section 1119. Foxgate Homeowners' Ass'n Inc. v. Bramalea Cal. Inc., S087319 (Cal. July 9, 2001). The court ruled that neither mediators nor pa...

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