U.S. Supreme Court,
Alternative Dispute Resolution
Jun. 26, 2010
Dear ADR Participants: Are Your Secrets Really Safe With Me?
Jan Frankel Schau of ADR Services Inc learned the hard way that mediators may be compelled to testify in federal court actions.
Jan Frankel Schau
Neutral, ADR Services, Inc.
1900 Ave of the Stars Ste 250
Los Angeles 90067
Email: jfschau@adrservices.org
Loyola Law School; Los Angeles CA
One of the key principles of mediation in California is that the participants can feel free to communicate those sticky details, which often drive the ultimate settlement of the case without fear that these private communications will ever see the light of a courtroom. They are held strictly confidential under California Evidence Code Sections 1115-1128 with only a few narrowly drawn exceptions. In fact the mediator herself is deemed "incompetent" to testify in any subsequent civil proce...
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