BILL NUMBER: SB 1372	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 19, 2016

   An act to amend Section 1125 of the Evidence Code, relating to
mediation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1372, as introduced, Wieckowski. Mediation: confidentiality.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1125 of the Evidence Code is amended to read:
   1125.  (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.