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Discovery for Mediation in California Doesn’t Make Data Confidential
By Keith L. Seat, International Academy of Mediators, January 6, 2015
This post has been viewed 3,054 times.
This post has been viewed 3,054 times.
Applying California law, a federal court concluded that data provided in discovery prior to mediation was not confidential mediation material that was shielded from other use in the litigation. The court based its conclusion on the facts that the raw data existed prior to the mediation, the discovery requests were made before mediation discussions began, the data was not marked “for
mediation purposes only,” and reports from the data were developed by the receiving party, not the party who produced the data. Using the data in mediation did not transform it into data protected by the mediation privilege.
Gonzales v. T-Mobile, USA, Inc., No. 13cv1029-BEN (U.S.D.C. S.D. Cal., August 14, 2014)
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