Document Type


Publication Date

Fall 1999


A prominent federal court judge has issued an important ruling on mediation confidentiality, one that promises to influence both doctrinal and legislative development.

The case is Olan v Congress Mortgage Co., 1999 WL 909731 (N.D.Cal.), and in it, federal Magistrate Judge Wayne Brazil ultimately compels testimony by a California mediator, despite California's categorical exclusion of evidence arising from mediations. The lengthy opinion is most scholarly, and well worth taking the time to read.



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