Is Mediation Confidential in California?
Yes. Under California Evidence Code §1119, almost nothing said or written for a mediation is admissible as evidence or subject to discovery, and participants can't be forced to disclose it — subject to narrow exceptions. Attorneys must even give clients a written confidentiality disclosure before mediating (§1129).
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
One of the biggest reasons mediation works is that people can speak freely — and in California, the law backs that up strongly.
What’s protected — Evidence Code §1119
Under Evidence Code §1119, anything said or written for the purpose of, in the course of, or pursuant to a mediation is:
- Not admissible as evidence, and
- Not subject to discovery, and
- Something participants can’t be compelled to disclose.
Those communications “shall remain confidential.” This is what lets parties make offers and admissions in mediation without fear they’ll be used later in court.
The narrow exceptions
Confidentiality is broad but not absolute (Evidence Code §§1120–1128):
- §1120 — evidence that was already admissible doesn’t become protected just because it was used in mediation.
- §1123 — a signed written settlement agreement can be admissible if it says it’s binding and enforceable, or all parties agree it may be disclosed.
(Separate rules and mandated-reporter duties can apply in specific contexts.)
Lawyers must warn you first — §1129
Since 2019, Evidence Code §1129 requires an attorney to give a client a written disclosure of these confidentiality rules and obtain the client’s signed acknowledgment before the client agrees to mediate (Judicial Council form ADR-200).
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Start your free intakeFrequently asked questions
- Can what I say in mediation be used against me in court?
- Generally no. Under Evidence Code §1119, oral and written communications made for or during a mediation are not admissible and not subject to discovery, and you can't be compelled to disclose them.
- Are there exceptions to mediation confidentiality?
- Yes, but they're narrow (Evidence Code §§1120–1128). For example, evidence that was already admissible doesn't become protected just by being used in mediation (§1120), and a signed written settlement agreement can be admissible if it says so or all parties agree (§1123).
- Is my mediated settlement agreement confidential too?
- A written settlement is generally protected unless it meets a §1123 condition — for instance, it states that it's binding and enforceable or that it may be disclosed.
- Does my lawyer have to tell me about confidentiality?
- Yes. Under Evidence Code §1129, before you agree to mediate, your attorney must give you a written disclosure of the confidentiality rules and obtain your signed acknowledgment (Judicial Council form ADR-200).
Sources
Related guides
- Child Custody Mediation in California When California parents can't agree on custody or visitation, the court sends them to mediation before the hearing (Family Code §3170). Each court provides it through Family Court Services, it's confidential, and in some counties the mediator may also make a recommendation to the judge.
- How Mediation Works: The Process Mediation usually follows a simple arc: the mediator's opening, each side shares their view, joint and private discussions (caucuses), negotiation, and — if the parties agree — a written settlement. It's voluntary, so anyone can end it, and what's said stays confidential.
- Mediation vs. Arbitration in California In mediation, a neutral helps you and the other side reach your own agreement and nothing is imposed. In arbitration, a neutral arbitrator hears both sides and decides the outcome — and private arbitration is usually binding under the California Arbitration Act (Code of Civil Procedure §1280 et seq.).
- What Is Mediation? Mediation is a voluntary, confidential process in which a neutral mediator helps people in a dispute reach their own agreement. The mediator doesn't decide the outcome — the parties stay in control — which usually makes it faster, cheaper, and more private than court.