Stewart

As an encouragement to the open communication essential to successful settlement discussions, the Evidence Code, and in particular Evidence Code section 1119 makes inadmissible any statements, writings, or other communications made in connection with mediation. We consider here whether this broad mediation confidentiality statute may be used by a settling party as a shield to prevent the admission of a purported settlement document signed at the conclusion of mediation in subsequent proceedings to enforce the settlement.

Plaintiff Darren Stewart sued as a result of personal injuries he sustained when his vehicle collided with a backhoe that fell off a truck owned by defendant Preston Pipeline Inc., and driven by defendant George Solinger (collectively, defendants). The dispute proceeded to mediation. At the conclusion of the mediation, a document—signed by plaintiff, plaintiff’s attorney, and defendants’ attorney—purported to memorialize a settlement and recited that the parties intended the settlement to be enforceable and exempt from certain confidentiality provisions of the Evidence Code. Plaintiff thereafter refused to accept the settlement check. Defendants brought…