1. General Confidentiality. GDC Mediation discussions are confidential. Nothing written, said or prepared for the purpose of mediation shall be voluntarily disclosed to third parties by the GDC, or their representatives. All information regarding such proceedings, unless the participants stipulate (agree) otherwise, will be held as confidential pursuant to, and in accordance with California Evidence Code §1119 and §1122.
2. Confidential Statements. GDC mediation adheres to the principles of confidentiality by providing that no statement, writing, admission, conduct, offer or promise, written or oral, made in the course of, or for the purpose of these proceedings, shall be admissible, nor shall disclosure be compelled, in any litigation or arbitration or other civil proceeding, civil, except as specifically provided by law. This prohibition shall not apply to enforcement of a written settlement agreement.
3. No Witness. The GDC Mediator shall be disqualified as a witness in any pending or future civil action relating to the subject matter of the mediation pursuant to California Evidence Code §1121.
4. No Compelled Testimony. Mediation Parties agree not to subpoena or otherwise compel the mediator to testify or produce any records, notes or other documents received or made by the mediator in the course of the proceeding or arising out of it. The Mediator shall not be compelled to produce evaluations, recommendations, reports or assessments of any mediation conducted under the facilitation of that Mediator, aside from the stipulated, signed and Court filed mediation agreement itself.
6. Indemnity. The Party or Parties responsible for any action designed to compel a Mediator to breach confidentiality, agree to indemnify the Mediator for all costs, including attorney fees, with respect to such an attempt to coerce testimony or other evidence related to the mediation.
7. Statutory Reporting. §11108 of the California Penal Code compels any Mediator to report information concerning any form of statutory child abuse to the appropriate authorities.
8. Shredding. Other than a copy of the Court retained divorce documents on file with the County of Jurisdiction as a matter of public record, GDC shreds by machine all client case documents that are not returned to a client after the divorce decree has been issued, or final payment made, whichever comes first.
9. Document Preparation Services. Ther is no duty or expectation of confidentiality with regard to simple document preparation services.
*GDC and its agents are not attorneys. No information provided on this website is intended as legal advice or counsel for a divorce or any matter, and should not be construed as such. Accordingly, the information on this site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, financial, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal, financial or other competent advisers. In no event will Go Divorce Clinic, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information presented in this site, or for any consequential, special or similar damages.
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