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HomeEvidence CodeDiv. 9Ch. 2§ 1124 Mediation Agreement Admissibility Exceptions

§ 1124 Mediation Agreement Admissibility Exceptions

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

§ 1124 Mediation Agreement Admissibility Exceptions

Key Takeaways

  • •If people make a deal during mediation, it can be shared or used in court if certain rules are followed.
  • •The deal can be shown if everyone agrees in writing or orally to share it.
  • •The deal can also be shown if it helps prove someone lied, was forced, or did something illegal.

Example

Two neighbors argue over a fence. They go to mediation and agree orally that one will pay the other $500 to fix it. Later, one neighbor refuses to pay, saying the deal was secret.

If both neighbors agreed during mediation to share the deal, or if one neighbor was tricked or forced into the deal, the agreement can be used in court to make them pay.

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

Official Source
View on CA.gov

§ 1124 Mediation Agreement Admissibility Exceptions

An oral agreement made in the course of, or pursuant to, a mediation is not made inadmissible, or protected from disclosure, by the provisions of this chapter if any of the following conditions are satisfied: (a) The agreement is in accordance with Section 1118. (b) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118, and all parties to the agreement expressly agree, in writing or orally in accordance with Section 1118, to disclosure of the agreement. (c) The agreement is in accordance with subdivisions (a), (b), and (d) of Section 1118, and the agreement is used to show fraud, duress, or illegality that is relevant to an issue in dispute. (Added by Stats. 1997, Ch. 772, Sec. 3. Effective January 1, 1998.)

Last verified: January 22, 2026

Key Terms

oral agreementmediationinadmissibledisclosureSection 1118fraudduressillegality

Related Statutes

  • § 1123 Mediation Settlement Admissibility Rules
  • § 1119 Mediation Confidentiality Protection
  • § 1120 Mediation Evidence Admissibility Rules
  • § 1122 Mediation Communication Disclosure Exceptions
  • § 1126 Mediation Confidentiality Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1124.
View Official Source