Evidence Code section 1120

(a)

Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation or a mediation consultation.

(b)

This chapter does not limit any of the following:

(1)

The admissibility of an agreement to mediate a dispute.

(2)

The effect of an agreement not to take a default or an agreement to extend the time within which to act or refrain from acting in a pending civil action.

(3)

Disclosure of the mere fact that a mediator has served, is serving, will serve, or was contacted about serving as a mediator in a dispute.

(4)

The admissibility of declarations of disclosure required by Section 2104 and 2105 of the Family Code, even if prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation.

Source: Section 1120, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=1120.­ (accessed May 12, 2025).

Last Updated

May 12, 2025

§ 1120’s source at ca​.gov