SB 1372: Mediation: confidentiality.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-02-19
Under existing law, when a person consults a mediator or mediation service for the purpose of retaining mediation services, or when persons agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a civil dispute, anything said in the course of a consultation for mediation services or in the course of the mediation is not admissible in evidence or subject to discovery, and all communications, negotiations, and settlement discussions by and between participants or mediators are confidential, except as specified. For purposes of confidentiality, existing law provides that a mediation ends when one of several specified conditions is satisfied, including if there is no communication between the mediator and any of the parties to the mediation relating to the dispute for 10 calendar days.
This bill would provide that a mediation ends if there is no communication between the mediator and any of the parties to the mediation relating to the dispute for 14 calendar days.
(a)For purposes of confidentiality under this chapter, a mediation ends when any one of the following conditions is satisfied:
(1)The parties execute a written settlement agreement that fully resolves the dispute.
(2)An oral agreement that fully resolves the dispute is reached in accordance with Section 1118.
(3)The mediator provides the mediation participants with a writing signed by the mediator that states that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121.
(4)A party provides the mediator and the other mediation participants with a writing stating that the mediation is terminated, or words to that effect, which shall be consistent with Section 1121. In a mediation involving more than two parties, the mediation may continue as to the remaining parties or be terminated in accordance with this section.
(5)For 10 14 calendar days, there is no communication between the mediator and any of the parties to the mediation relating to the dispute. The mediator and the parties may shorten or extend this time by agreement.
(b)For purposes of confidentiality under this chapter, if a mediation partially resolves a dispute, mediation ends when either of the following conditions is satisfied:
(1)The parties execute a written settlement agreement that partially resolves the dispute.
(2)An oral agreement that partially resolves the dispute is reached in accordance with Section 1118.
(c)This section does not preclude a party from ending a mediation without reaching an agreement. This section does not otherwise affect the extent to which a party may terminate a mediation.
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Date
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Status
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|---|---|
| Feb 19, 2016 | Introduced. To Com. on RLS. for assignment. To print. |
| Feb 22, 2016 | From printer. May be acted upon on or after March 23. |
| Feb 22, 2016 | Read first time. |
| Mar 3, 2016 | Referred to Com. on JUD. |
| Apr 21, 2016 | Set for hearing May 3. |
| Apr 27, 2016 | May 3 set for first hearing canceled at the request of author. |
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