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.
Richard C. Reuben,
Court Issues Major Ruling on Mediation Confidentiality, 6 Dispute Resolution Magazine 25
Available at: https://scholarship.law.missouri.edu/facpubs/812