Not Everything In Mediation Is Confidential.

Husband and wife resolved their marital dissolution in mediation after exchanging financial disclosure declarations. Shortly after entry of judgment, the husband sold a company, which he listed on his financial disclosure document of having a value of $10 million, for $75 million. The wife moved to set aside the judgment on grounds of fraud and duress, and the husband refused to respond to discovery conducted in connection with the set-aside motion, asserting the information he provided during the mediation was confidential. The trial court denied the wife’s motion to compel discovery on grounds of mediation confidentiality. The appellate court granted the wife’s petition for writ of mandate, agreeing with the wife that the financial disclosure documents were necessarily prepared in compliance with the Family Code’s statutory mandate. (Lappe v. Sup. Ct. (Murray Lappe) (Cal. App. Second Dist., Div. 5; December 19, 2014) 232 Cal.App.4th 774, [181 Cal.Rptr.3d 510].)