1.    All mediations are conducted remotely by zoom or other remote services.

2.    Mediations are confidential and any offer of settlement or settlement communications are inadmissible in other proceedings as provided for in Evidence Code Sections 1119 and 1152.

3.    Mediation communications with the mediator are confidential and are subject to Evidence Code Sections 703.5 and 1115 et seq. The mediator shall not be called as a witness in any proceeding regarding any communications during the mediation and all parties and counsel agree to such limitations.

4.    All parties and counsel agree that the audio, video and other transmissions of the mediation may not be recorded by tape recording, electronically or by other means during the time prior to the mediation, during the mediation or after the mediation.

5.    All parties and counsel agree that the disclosure of information to the mediator shall not be deemed to be a disclosure of confidential or privileged information nor material to a third party and such disclosure shall not waive any privileges of any kind.

6.    Notwithstanding Evidence Code Section 1125(a)(5), the parties agree that the mediation shall be deemed to be a continuing and ongoing mediation unless and until any party/counsel notifies the other party and the mediator in writing that the party/counsel have decided to terminate the mediation.

7.    The parties and counsel agree that for purposes of enforcing any written settlement agreement signed during or after the mediation by the parties/counsel, the mediation privilege shall not apply to such signed document for purposes of either party seeking to enforce such written agreement in accordance with any applicable law.

8.    The parties and their counsel agree that they may not subpoena the mediator to testify concerning their dispute or any actions, omissions, conduct, statements or matters related in any way to the mediation between the parties. The mediator and mediator’s notes, communications, thoughts, research and actions are all protected and not subject to disclosure as provided in Evidence Code Section 703.5.

9.    The mediator is neutral. The mediator is not acting as the attorney, agent or representative of either party. While the mediator may comment up the matters such as duty, liability, damages, risks, potential results and other matters, those are not to be relied upon by the parties or their counsel as legal advice. The parties shall rely solely and exclusively on their chosen counsel who solely represent their interests. If the mediator suggests any settlement language or information, that suggestion is agreed to be solely as to matters the parties’ counsel should consider, research and then in their sole discretion determine whether to incorporate into any agreement for their client’s sole benefit. Suggestions by the mediator may be to ameliorate the position of one party or other to aid in the parties settling the case and therefore, again, the parties and their counsel are responsible for determining if any suggestion is in their best interest.

10.    The parties and counsel agree that for purpose of the mediation, the mediator shall be deemed to have absolute judicial immunity, common law judicial immunity and quasi-judicial immunity for all acts and conduct performed before, during and after the mediation. See La Serena Property, LLC v. Weisbach (2010) 1086 Cal. App. 4th 893, Howard v. Drapkin (1990) 222 Cal. App. 3d 843.