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P1219 Since mediation briefs are part and parcel of the mediation process, they are protected from discovery; emails quoted the mediation brief to clarify it are also protected; oral conversations that occurred as part of the negotiation of a case that was eventually mediated are protected only if they were materially related to the mediation, rather than merely part of the negotiation process that began long before mediation.CitationWIMSATT v SUPERIOR COURT (Mediation Confidentiality) 152 CA4 137 [See: EvC 1115 etseq; Eisendrath v Superior Court 109 CA4 351, P/AT 7/03; Foxgate v Bramalea 26 C4 1 T/AT 4/00]
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