Rule 1117 (a) Except as provided in subdivision (b), this chapter applies to a mediation as defined in Section 1115.

The privacy protections for mediation in this chapter apply to most mediations in California. If you are in a mediation, what you say and do there is generally kept confidential and cannot be used against you in court.

However, there are two situations where these protections do not apply. The first is certain family court proceedings, such as supervised visitation cases and child custody mediation run by the court. The second is a formal settlement conference ordered by a judge under court rules.

If you are not sure which type of proceeding you are in, ask your mediator or the court clerk. The difference matters because your statements may not be protected in those two exceptions.