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CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10244
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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Confidentiality agreements: In a mediation all parties are

Customer Question

Confidentiality agreements: In a mediation all parties are supposed to sign the confidentiality agreement. There are two respondent corporations and one complainant (myself, a natural person). I signed the confidentiality agreement. A newly hired clerk
and an attorney for one of the respondent corporations signed, but the owner (who was named in the complaint) did not. A board member for the other respondent corporation signed, but the president did not. NOTE: The owner and the president initiated and promoted
the actions that resulted in this mediation. They are the most involved of all, and because of their positions, have access to everything about the mediation. But they did not sign. Are they bound by confidentiality when the corporate officers who are legally
allowed to sign contracts (i.e., the President or the Secretary) do not sign, and following up on that, the owner didn't sign either? Under these circumstances, is this confidentiality agreement enforceable?
Submitted: 2 years ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 2 years ago.
While I have not read the confidentiality contract (interpretation of specific legal documents is somewhat outside the scope of this "Q&A" forum), in general, the corporate entity would be bound by the terms of the confidentiality agreement for purposes of the mediation/settlement.In most cases, if you were to go to enforce these clauses, a court would look at the terms of the agreement and the intent of the parties - it would be unreasonable to permit a corporate party a right to evade a confidentiality clause by expecting each employee (or even each officer/director) to sign the agreement.Bot***** *****ne: I would expect your agreement to be enforceable against both corporations.I can tell you with great certainty that for purposes of the California Evidence Code, all of your communications during the course of mediation are going to be privileged (they cannot be introduced in any future administrative or civil proceedings as evidence).
Customer: replied 2 years ago.
"cannot be introduced in any future administrative or civil proceedings"
If you believe that a mediator has substantially deviated from the role of mediator, how do you address that either during the mediation or afterwards? There doesn't seem to be any recourse.
Expert:  CalAttorney2 replied 2 years ago.
There really isn't. The mediation privilege is extraordinarily strong in California and protects virtually all communications in the course of mediation. (There is a long line of cases interpreting this section of the evidence code, including for example: Cassell v Sup. Ct. (Summarized here: