Barajas

This case concerns statements made and information discussed during a mediation. By statute, such statements and information are neither discoverable nor admissible. (Evid. Code, § 1152.5 (section 1152.5), subd. (a)(1).) Moreover, such statements and information “shall remain confidential.” (§ 1152.5, subd. (a)(3) [“all communications, negotiations, or settlement discussions by and between participants or mediators ... in the mediation shall remain confidential.” (Italics added).].)

The case arises because plaintiffs’ attorney became involved in two related lawsuits against the same defendant. The first lawsuit was successfully mediated. The attorney then associated in as counsel for the plaintiffs in the second lawsuit. Defendant then moved to disqualify the attorney in the second lawsuit. The trial court interpreted section 1152.5 to require disqualification in the second lawsuit because the attorney had earlier participated in mediation of the first lawsuit. Plaintiffs now appeal the disqualification. We conclude that an attorney who mediates one case is generally not disqualified from litigating later cases against the same party. The order disqualifying plaintiffs’…