§ 1805.Confidentiality of Proceedings - Disclosure - Civil Liability - Waiver of Privilege

Section 1805 protects what happens inside mediation. Anything a mediator or a mediator's assistant receives -- files, reports, interviews, memoranda, case summaries, notes, or work product -- is privileged and confidential, and no part of the proceeding becomes a matter of public record. Beyond the mediator's report to the court, no mediator, initiating party, or responding party can be forced through an administrative or judicial process to disclose what was discussed, and none of them may disclose information from any part of the mediation -- including scheduling, attendance, participation, or discussion of a proposed settlement.

The sessions stay informal, and neither the mediator nor the program can impose any adjudication, sanction, or penalty. A mediator, employee, or agent generally isn't liable for civil damages over a statement or decision made while mediating or settling a dispute, unless it resulted from gross negligence with malicious purpose or a willful disregard of a party's rights, safety, or property.

That protection has a limit: if a party who took part in mediation sues a mediator for damages arising out of the mediation, the confidentiality privilege is deemed waived as to that party, for purposes of that lawsuit.