§ 1775.10.Confidentiality of Statements Made By Parties

Parties won't speak candidly in mediation if what they say can be used against them later, and this section supplies that protection by cross-reference rather than restating it. Statements made during mediation under this title are made subject to Evidence Code Section 703.5, which shields mediators from being called to testify about the mediation, Evidence Code Section 1152, which keeps settlement-related statements out of evidence generally, and Evidence Code Chapter 2, commencing with Section 1115, the state's general mediation confidentiality statute covering communications made during the mediation process.

That's a different, and broader, protection than the confidentiality rule Title 9.3 builds specifically for conciliation of international commercial disputes. This section's protection comes from the Evidence Code's general mediation confidentiality framework, applied here to any mediation conducted under Title 11.6, not from a bespoke rule tailored to a single specialized proceeding.