1. (a) Anything said, any admission made, and any document prepared in the course of, or pursuant to, mediation under these regulations is a confidential communication, and a party to the mediation has a privilege to refuse to disclose and to prevent another from disclosing the communication, whether in an adjudicative proceeding, civil action, or other proceeding. This subdivision does not limit the admissibility of evidence if all parties to the mediation proceedings consent.
2. (b) Except as provided for in section 31014, no reference to the mediation proceedings, including the mediator's written advisory decision, may be made in the context of (1) the Final Commission Determination provided for in section 31014, (2) any other administrative adjudicative proceeding, or (3) any civil action, whether as affirmative evidence, by way of impeachment, or for any other purpose.
3. (c) Evidence otherwise admissible outside of mediation under these regulations is not inadmissible or protected from disclosure solely by reason of its introduction or use in mediation under these regulations.

Confidentiality in any mediation conducted under these regulations shall be governed by Government Code section 11420.30. Accordingly, all communications and records made or used in the course of the mediation proceedings described herein are protected as follows:

Note: Authority cited: Section 8016, Health and Safety Code; and Section 5097.94, Public Resources Code; and Government Code Section 11420.30. Reference: Section 8016, Health and Safety Code.

History

1. New section filed 3-4-2026; operative 7-1-2026 (Register 2026, No. 10).