USE OF MEDIATOR DECLARATIONS IN ENFORCING SETTLEMENTS Radford v. Shehorn (August 2010) 187 Cal.App.4th 852 holds that a party cannot use a mediator’s declaration, which the opposing party had not agreed to, in a dispute about the contents of a written settlement agreement because that declaration violates “mediation confidentiality statutes.” (Id. at p. 857.) The court relied upon Evidence Code sections 703.5 and 1121 to arrive at this conclusion. Section 703.5 provides, in substance, that…