BILL ANALYSIS Ó
AB 2025
Page 1
ASSEMBLY THIRD READING
AB 2025 (Gorell)
As Amended May 10, 2012
Majority vote
JUDICIARY 10-0 APPROPRIATIONS 17-0
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|Ayes:|Feuer, Wagner, Atkins, |Ayes:|Fuentes, Harkey, |
| |Dickinson, Gorell, Huber, | |Blumenfield, Bradford, |
| |Jones, Monning, | |Charles Calderon, Campos, |
| |Wieckowski, Bonnie | |Davis, Donnelly, Gatto, |
| |Lowenthal | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
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SUMMARY : Requires the California Law Revision Commission to
study and report to the Legislature regarding mediation
confidentiality. Specifically, this bill provides that the
California Law Revision Commission (Commission) shall study and
report to the Legislature regarding the relationship under
current law between mediation confidentiality and attorney
malpractice and other misconduct, and the purposes for and
impact of those laws on public protection, professional ethics,
attorney discipline, client rights, the willingness of parties
to participate in voluntary and mandatory mediation and the
effectiveness of mediation, as well as other issues the
Commission deems relevant.
EXISTING LAW establishes the California Law Revision Commission
and authorizes the Commission to study topics at the request of
the Legislature.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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 : The California Law Revision Commission has developed
considerable expertise over many years on the issue of
confidentiality in mediation proceedings. This
AB 2025
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non-controversial measure will have the Commission 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
process allows for full investigation and deliberation of these
technical and complex issues.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0003865