§ 1775.12.Reference to Mediation Or Statement of Nonagreement In Subsequent Trial Irregularity
Title 11.6. Civil Action Mediation · Enacted 1993 · no amendments on record · Last verified July 29, 2026
Full Text of § 1775.12
Plain-English Summary
If mediation fails and the case goes to trial, jurors and the trial record are supposed to stay clean of what happened in mediation. This section makes any reference, during a subsequent trial, to the mediation itself or to the statement of nonagreement filed under Section 1775.9 count as an irregularity in the trial proceedings.
Labeling it an irregularity matters because Section 657 lists trial irregularities among the recognized grounds for a new trial motion. A party harmed by an improper reference to the mediation or the nonagreement statement can point to this section to support a motion for a new trial, rather than having to argue from scratch that the reference was prejudicial.
Frequently Asked Questions
What happens if someone mentions the mediation during a later trial?
Section 1775.12 makes that reference an irregularity in the trial proceedings.
Why does it matter that this counts as an "irregularity"?
Because Section 657 recognizes trial irregularities as a ground for a motion for a new trial.
Does this section cover references to the statement of nonagreement as well as the mediation itself?
Yes. Both a reference to the mediation and a reference to the Section 1775.9 statement of nonagreement are covered.
Amendment History
Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.