California Supreme Court Broadens the Mediation Confidentiality Privilege

Cal. Evid. Code § 1119 makes confidential all settlement communications in the course of a mediation, and provides that communications made 'in any arbitration, administrative adjudication, civil action' made 'for the purpose of, in the course of, or pursuant to, a mediation' are not discoverable and not admissible. Here, the California Supreme Court unanimously held that, in a subsequent malpractice action, the former client may not admit into evidence any communications with prior attorney in the course of mediation in the prior action.