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California Law Revision Commission Mulls Recommending Exception To Mediation Privilege

In This Evidentiary Privilege May Stop At The Border, I noted that Section 1119 of the California Evidence Code establishes a broad mediation privilege: No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to…

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This Evidentiary Privilege May Stop At The Border

Unlike other states, California’s rules of evidence are found in statutes, not court rules. ┬áThis is not simply a legal curiosity. ┬áThe statutory basis of California’s “rules” of evidence have real world implications. The California Evidence Code begins with the underlying premise that disclosure is required. Thus, no person has a privilege unless otherwise provided…

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