Mediation Case Law Teaching Videos
Subject Area
Confidentiality
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Document Type
Video
Publication Date
2001
Recommended Citation
Coben, James, "Foxgate Homeowners' Assoc., Inc v. Bramalea Cal., Inc., 25 P.3d 1117 (Cal. 2001)" (2001). Mediation Case Law Teaching Videos. 39.
https://open.mitchellhamline.edu/dri_mclvideo/39
DRI_Foxgate.srt (2 kB)
Comments
Play time: 1:32 minutes
Vacating order for sanctions where trial court improperly considered motion and supporting documents reciting statements made during a mediation session in violation of state statute mandating mediation confidentiality; rejecting assertion of an implied statutory exception to confidentiality for mediator disclosures to the court regarding potentially sanctionable conduct.
Quote from the Court: “The mediator and the Court of Appeal here were troubled by what they perceived to be a failure of Bramalea to participate in good faith in the mediation process. Nonetheless, the Legislature has weighed and balanced the policy that promotes effective mediation by requiring confidentiality against a policy that might better encourage good faith participation in the process....[T]he Legislature has decided that the policy of encouraging mediation by ensuring confidentiality is promoted by avoiding the threat that frank expression of viewpoints by the parties during mediation may subject a participant to a motion for imposition of sanctions by another party or the mediator who might assert that those views constitute a bad faith failure to participate in mediation.” 25 P.3d at 1127.