Local Rule L.R. 16-15.8: Confidentiality
C.D. Cal. — Civil rule
L.R. 16-15.8 Confidentiality. This rule applies only to ADR Procedure No. 2, mediations conducted by the Court's Mediation Panel.
(a) CONFIDENTIAL TREATMENT - Except as provided in subsection (b) of this local rule, this Court, the mediator, all counsel and parties, and any other persons attending the mediation shall treat as "confidential information" the contents of the written mediation statements, any documents prepared for the purpose of, in the course of, or pursuant to the mediation, anything that happened or was said relating to the subject matter of the case in mediation, any position taken, and any view of the merits of the case expressed by any participant in connection with any mediation. "Confidential information" shall not be:
(1) disclosed to anyone not involved in the litigation; (2) disclosed to the assigned judges; or (3) used for any purpose, including impeachment, in any pending or future proceeding in this Court or any other forum.
(b) LIMITED EXCEPTIONS TO CONFIDENTIALITY - This rule does not prohibit:
(1) disclosures as may be stipulated by all parties and the mediator; (2) disclosures as may be stipulated by all parties, without the consent of the mediator, for use in a subsequent confidential ADR or settlement proceeding; (3) a report to or an inquiry by the ADR Judge regarding a possible violation of policies and procedures governing the ADR program; (4) the mediator from discussing the mediation process with the Court's ADR staff, who shall maintain the confidentiality of the process; (5) any participant or the mediator from responding to an appropriate request for information duly made by persons authorized by the Court to monitor or evaluate the Court's ADR program; (6) disclosures as are required by General Order, related ADR forms, and as otherwise required by law; or (7) in an action or proceeding to enforce a settlement, the admission of a written settlement agreement or a settlement placed on the record, reached as a result of mediation.
(c) CONFIDENTIALITY AGREEMENT - The mediator may ask the parties and all persons attending the mediation to sign a confidentiality agreement on a form provided by the Court and available on the court website. The confidentiality provisions of this section apply regardless of whether a confidentiality agreement is signed.
(d) SCOPE - Nothing in this rule is intended to limit any applicable privilege or rule of evidence designed to protect mediation confidentiality, and any such broader protection shall control if applicable.