Confidentiality Statement
Confidentiality is fundamental to mediation. Here is how I approach it—both during the process and when you first reach out.
This Statement describes my practices; it is not legal advice. The controlling rules are set by California law and by the written agreement the parties sign for each mediation.
1. My Commitment
Parties come to mediation to speak candidly. That only works when confidentiality is dependable, so I treat it as central to everything I do. This Statement explains how I protect the information you share—during a mediation and during your first contact with me.
2. Confidentiality of the Mediation Process
Mediations I conduct are private and confidential. Under California law—including Evidence Code sections 1115 through 1128, and section 1119 in particular—communications, writings, and statements made for the purpose of, in the course of, or pursuant to a mediation are generally inadmissible in later proceedings, are not subject to discovery, and are to be kept confidential by the participants.
I treat everything shared in a mediation as confidential and do not disclose it outside the mediation except as the parties agree or the law requires. Information you share with me privately is not shared with the other side unless you authorize it.
3. Written Disclosure before Mediation
Before a mediation begins, I provide the participants with a written explanation of mediation confidentiality and ask them to acknowledge it in writing. California Evidence Code section 1129 requires the attorneys who represent parties in a mediation to give their own clients a similar written disclosure. My signed mediation agreement reinforces the confidentiality terms that govern your matter.
4. Limits and Exceptions
Mediation confidentiality is broad but not absolute. It generally does not apply, for example, to:
- information that is independently discoverable or obtained outside the mediation;
- certain written settlement agreements that the parties agree may be disclosed, or that meet statutory conditions for admissibility (Evidence Code sections 1123–1124);
- disclosures that all parties agree to in writing; and
- situations where the law requires reporting or disclosure—such as the mandated reporting of suspected child or elder abuse, or a credible threat of serious bodily harm.
Your written mediation agreement will address these limits in detail.
Website inquiries are different. A message you send through this website or by email before a mediation is engaged is not a protected mediation communication. Please do not include privileged, confidential, or sensitive case details in your first message—share only enough for me to understand the nature of the matter and check for conflicts. We can discuss specifics securely once an engagement is in place.
5. How I Handle Your Information
Inquiries you submit through the Site are handled as described in my Privacy Policy. I limit who can access your information, serve the Site over HTTPS, handle email confidentially, and retain inquiry details only as long as needed.
6. No Relationship Formed by Contacting Me
Contacting me does not create a mediator–client relationship or any duty of confidentiality beyond what the law independently provides. A confidential mediation relationship begins only when I and all parties have signed a written mediation agreement. Because my neutrality matters, I do not accept any matter in which I have a conflict of interest with a party, or in which I have litigated for or against a party.
7. Contact
Questions about confidentiality? Email me at kyle@kdsmediations.com.