BILL ANALYSIS Ó
AB 2025
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Date of Hearing: May 25, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2025 (Gorell) - As Amended: May 10, 2012
Policy Committee:
JudiciaryVote:10-0 (Consent)
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the California Law Revision Commission (CLRC)
to study and report to the Legislature on the following:
1)The relationship under current law between mediation
confidentiality and attorney malpractice and other misconduct,
as specified.
2)The availability and propriety of contractual waivers.
FISCAL EFFECT
Absorbable costs to the commission, which establishes its
workload priorities amongst the topics directed for its review
by the Legislature. (The commission's proposed budget for
2012-13 totals $666,000, and includes funding for five staff
positions.)
COMMENTS
1)Background and Purpose . The commission was created in 1953 and
was given the responsibility to substantively review
California's statutory and case law. The commission seeks to
discover deficiencies in existing law and makes related
recommendations to the Legislature for needed reforms. The
commission may only study matters referred to it by concurrent
resolution of the Legislature or through separate legislation
such as AB 2025.
2)The commission has developed considerable expertise over many
years on the issue of confidentiality in mediation
AB 2025
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proceedings. This bill requires the commission to study and
report to the Legislature regarding a specific and complex
question that the commission appears not to have considered
previously-the relationship between mediation confidentiality
and attorney malpractice and other misconduct. The bill is
prompted by a recent California Supreme Court decision
interpreting current law, and raising questions about the
policy implications of that law. There are many concerned
stakeholders with strongly held views on all sides, and the
commission's process allows for full investigation and
deliberation of these technical and complex issues.
3) Related Legislation . ACR 98 (Wagner), pending in Senate
Rules, authorizes CLRC to continue its study of 21 topics
that the Legislature previously authorized or directed the
commission to study, deletes one topic, and adds a new
topic.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081