Participants and the Mediator understand and agree to the strict confidentiality of their mediation. Mediation interviews, documents, correspondence, draft decisions and unsigned agreements are not permitted in any legal proceedings or other contentious proceedings. Only an agreement signed by all parties can be so admissible. Participants also agree not to ask the Mediator to testify through mediation or to provide documents from mediation in legal proceedings between the parties. Mediation is considered by the participants and the Mediator as a settlement negotiation. No party is bound by anything that was said or done during mediation, with the exception of this mediation agreement, unless a written settlement agreement is entered into and executed by all necessary parties. The court agreed that the WP Rule be appended to the negotiations during and after the mediation. However, the correspondence that followed, without prejudice to a more efficient cost“, is akin to an agreement to change the WP status of previous negotiations, so that both parties would be able to use evidence for THE PP negotiations in future cost arguments. In California, court documents are believed to be open. NBC Subsidiary`s 2550 and California Supreme Court rules in vs. Superior Court and Universal Studios vs. Superior Court show hostile public policy against secrecy in public trials.
An agreement to keep a document secret or confidential is not enough to seal it; there must be an „overriding interest“ that supports the sealing or closure of justice, which has been interpreted as „indicative of a specific violation“. It seems that purely commercial interests (with the exception of trade secrets) are insufficient. . . .