Section 54453 Of Article 3.5. Conciliation From California Food And Agricultural Code >> Division 20. >> Chapter 2. >> Article 3.5.
54453
. (a) If conciliation is ordered, the department shall, on the
day the department determines that conciliation shall be conducted,
notify both parties that the conciliation will take place and direct
the conciliator agreed to by the parties to commence the conciliation
process in accordance with its commercial mediation rules. If the
parties have not agreed upon a conciliator, the department shall
appoint the conciliation service designated by the department
pursuant to Section 54451.5, and direct that conciliation service to
commence the conciliation process in accordance with its commercial
mediation rules. However, this article prevails if there is any
conflict between those rules and this article.
(b) Confidential information disclosed to a conciliator by the
parties or by any other person in the course of the conciliation
shall not be divulged by the conciliator. All statements, oral or
written, records, reports, or other documents received or made by a
conciliator while serving in that capacity, or by any other person,
shall be confidential. The conciliator shall not be compelled to
divulge the information or to testify in regard to the conciliation
in any proceeding or judicial forum. The parties shall maintain the
confidentiality of the conciliation, and shall not rely on, or
introduce as evidence in any proceeding or forum, any of the
following:
(1) Views expressed or suggestions made by any party in the course
of conciliation proceedings with respect to a possible settlement of
the dispute.
(2) Admissions by any party in the course of conciliation
proceedings.
(3) Proposals made or views expressed by the conciliator.
(4) The fact that any party in the course of conciliation
proceedings had or had not indicated willingness to accept a proposal
for settlement made by the conciliator or other party.