Radford

Mediators facilitate settlement of legal disputes. They use a variety of techniques to achieve that goal which include listening, enlightening, suggesting, empathizing and, sometimes, cajoling. But once the mediation is concluded, the mediator may not offer clarification concerning the mediation or a disputed settlement unless the parties agree otherwise. Like an actor whose concluding scene occurs in act 2, the mediator may not reenter the stage to play a part in act 3.

The parties here signed a settlement agreement during a mediation. One party brought a motion to enforce the agreement pursuant to Code of Civil Procedure section 664.6. The first page of the agreement contains a waiver of mediation confidentiality. A question arose whether the first page was part of the agreement. The trial court found it was and granted the motion to enforce the settlement.

We conclude the trial court erred in admitting the mediator’s declaration into evidence, but that the error was harmless. We affirm.

FACTS

Suzanne C. Radford and Melinda Shehom are sisters and beneficiaries of a trust established by their parents. Their father died in 2006 and their mother died in 2007, leaving…