Unless consented to by the parties, evidence of anything said or of admissions made, or documents prepared for the purpose of mediation is not admissible in evidence in any civil action. Civil Code §1354(g),(h).

The California Supreme Court in Foxgate Homeowners Assn v. Bramalea (2001) held that "confidentiality is essential to effective mediation. In addition, Rojas v. Superior Court (2004) held that all writings made for, during, and pursuant to mediation are not discoverable. However, confidentiality is not conferred upon facts or a document just because either is referred to or used at mediation. Documents which would otherwise be discoverable cannot be shielded by mediation.