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HomeEvidence CodeDiv. 9Ch. 2§ 1120 Mediation Evidence Admissibility Rules

§ 1120 Mediation Evidence Admissibility Rules

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1120 Mediation Evidence Admissibility Rules

Key Takeaways

  • •If something can be used as proof in court normally, using it in mediation won’t make it secret or unusable later.
  • •Mediation doesn’t stop you from using agreements (like deciding to mediate or extending a deadline) in court.
  • •You can still talk about who the mediator was or if they were asked to help, even if mediation happened.
  • •In family cases, financial disclosures (like listing money or property) can still be used in court, even if they were part of mediation.

Example

A couple goes to mediation to split their money and property during a divorce. They fill out forms listing all their assets.

Even though these forms were used in mediation, they can still be shown in court later if needed. The mediation doesn’t make them secret.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1120 Mediation Evidence Admissibility Rules

(a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation or a mediation consultation. (b) This chapter does not limit any of the following: (1) The admissibility of an agreement to mediate a dispute. (2) The effect of an agreement not to take a default or an agreement to extend the time within which to act or refrain from acting in a pending civil action. (3) Disclosure of the mere fact that a mediator has served, is serving, will serve, or was contacted about serving as a mediator in a dispute. (4) The admissibility of declarations of disclosure required by Sections 2104 and 2105 of the Family Code, even if prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation. (Amended by Stats. 2017, Ch. 60, Sec. 1. (SB 217) Effective January 1, 2018.)

Last verified: January 22, 2026

Key Terms

Evidencemediationmediation consultationadmissibledisclosure

Related Statutes

  • § 1123 Mediation Settlement Admissibility Rules
  • § 1119 Mediation Confidentiality Protection
  • § 1122 Mediation Communication Disclosure Exceptions
  • § 1124 Mediation Agreement Admissibility Exceptions
  • § 1129 Mediation Confidentiality Disclosure Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1120.
View Official Source