Rinaker

Evidence Code section 1119 provides that no evidence of anything said in the course of a mediation is admissible or subject to discovery in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which testimony may be compelled to be given. (Further section references are to the Evidence Code unless otherwise specified.)

This case poses several questions regarding the effect of section 1119 on the juvenile delinquency proceeding being prosecuted against real parties in interest (the minors) pursuant to Welfare and Institutions Code section 602: Is the juvenile delinquency proceeding a civil action or other noncriminal proceeding within the meaning of section 1119? If so, does the minors’ constitutional right to confront and cross-examine a witness against them trump the confidentiality provision of section 1119 and make admissible for the purpose of impeachment any inconsistent statements the witness made during mediation of a civil harassment action which was based upon the same allegations at issue in the juvenile delinquency proceeding? Do the witness and the mediator have a right of privacy that is threatened by the disclosure…