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If all writings and oral agreements are confidential in mediation then how is the Settlement Agreement relied on?

Scotts Valley, CA |
Filed under: Lawsuits and disputes

Evid Code § 1119 and 1126 say all writings and oral agreements cannot be used in Court to prove what was said.
Simmons v. Ghaderi (2008) 44 Cal.4th 570
Foxgate Homeowners' Assn. v. Bramalea California, Inc. (2001) 26 Cal.4th 1

Thank You,

Attorney Answers 3


  1. Best answer

    A written settlement agreement achieved through mediation generally contains a provision waiving the confidentially provisions of the Evidence Code and provides that the court has jurisdiction to enforce its terms.

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  2. If parties settle during mediation, they sign an agreement which is enforceable in court-- meaning if one of the parties breaches the other party can sue for damages, etc. (depending on the specific terms of the agreement/contract different remedies are provided). Most agreements also waive all confidentiality in case of a breach.


  3. Settlement agreements by definition must state the terms of the settlement. They are admissible into evidence because both parties agree to make them admissible.

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