FOXGATE

GODOY PEREZ, J.

Defendants Bramalea California, Inc. and Bramalea, Ltd., along with their lawyer, Ivan K. Stevenson, appeal from an order imposing sanctions of more than $30,000 against them for failing to bring their expert witnesses as required during court-ordered mediation. For the reasons set forth below, we reverse and remand for further proceedings because the trial court failed to issue a factually specific written order as required by Code of Civil Procedure section 128.5, subdivision (c). We also hold that portions of the mediator's report about the sanctionable conduct, along with evidence of statements made during the mediation relating to that conduct, may be considered when ruling on the sanctions motion.

Evidence Code sections 1115 through 1128 establish a statutory scheme to protect the confidentiality of mediation proceedings by limiting the mediator's ability to issue reports or findings and by making inadmissible evidence of what occurred during mediation. This appeal raises the issues whether those provisions were intended: (1) to prevent a mediator from reporting to the court that counsel or a party had unilaterally and without notice refused to bring their…