BLOG EXTRA – In the area of parol evidence, the verification tribunal found that mediation hearings were inadmissible and could not be introduced to explain the importance of the conditions agreed during the mediation. “Under [the mediation privilege], the parties cannot provide extrinsic evidence of discussions or negotiations about the intention of the parties on the terms of the declassification clause of the agreement.” (Slip Opn, p. 11.) In Berry v. Berry, Case No. D062914 (4th Dist., Div. 1 Mar. 18, 2014) (unpublished), a cofidant/other allied parties were not happy when an estate court rejected his request for attorneys` fees under a settlement agreement clause, after another co-fidding party (of course a brother) had voluntarily refused a request for confirmation of a transaction. Previously, the same colleague had unsuccessfully submitted an application for confirmation of the agreement under Article 664(6) CCP, a request which was rejected on procedural grounds. . .

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