The California Evidence Code provides significant confidentiality protection in mediation, regarding what is said and what is written. Under California Evidence Code section 1123, a written settlement agreement can be admissible in court or disclosed if the agreement says it is admissible or subject to disclosure, or if the agreement provides that it is enforceable or binding, or if all parties expressly agree in writing or orally (under certain circumstances) that it can be disclosed.

For more information on mediation confidentiality under California law, please refer to the California Evidence Code §§1115-1128.