BILL NUMBER: AB 402	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 18, 2006
	AMENDED IN ASSEMBLY  MAY 2, 2005

INTRODUCED BY   Assembly Member Dymally

                        FEBRUARY 15, 2005

    An act to amend Section 8709 of the Government Code,
relating to borders.   An act to add Section 2013 to the
Family Code, relating to family law. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 402, as amended, Dymally   Borders: Mexico. 
 Family law court: marriage.  
   Existing law establishes procedures related to proceedings for
dissolution of marriage, nullity of marriage, and legal separation,
as specified.  
   This bill would enact the Collaborative Family Law Act, which
would allow the parties to those proceedings, by written agreement,
to utilize a collaborative law process, as specified, to resolve
those disputes, rather than through an adversarial judicial
proceeding. The bill would deem any agreement or statement made
during the process confidential and inadmissible in any further
proceeding, and would prohibit the court from intervening during that
time. If the process terminates without settlement, the bill would
then require each party to hire new counsel or represent themselves
in any further proceeding, and would require the court to set a case
management conference for any petition previously filed, if any.
 
   Existing law establishes in state government an Office of
California-Mexico Affairs, which includes the operations of the
Commission of the Californias and the California Office of the
Southwest Border Regional Conference.  Existing law requires the
Governor to appoint a director of the office and authorizes the
Governor, as chairman of the commission, to appoint members to
committees that may be established by the office.  
   This bill would clarify that among the committees the office may
establish is a committee, made up of members who do not serve on the
commission, for the purpose of advising the office on issues facing
groups who are migrating, or have recently migrated, to California
from Mexico. 
   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.    This act shall be known and may be
cited as the Collaborative Family Law Act. 
   SEC. 2.    Section 2013 is added to the  
Family Code   , to read:  
   2013.  (a) If a written agreement is entered into by the parties
and their attorneys, the parties may utilize a collaborative law
process to resolve any matter governed by this code over which the
court is granted jurisdiction pursuant to Section 2000.
   (b) "Collaborative law process" means the process in which the
parties and their attorneys agree in writing to use their best
efforts and to make a good faith attempt to resolve disputes related
to family law matters as referenced in subdivision (a) on an agreed
basis without resorting to adversary judicial intervention, except to
file the initial petition and response, stipulated orders or
judgments, and accompanying documents as may be required under this
code, or to have the court approve the settlement agreement, make the
legal pronouncements, and sign the orders required by law to
effectuate the agreement of the parties as the court determines
appropriate. The parties' attorneys may not serve as litigation
counsel, except to ask the court to approve the settlement agreement.

   (c) If neither party files an initial petition for proceedings
pursuant to one of the issues listed in subdivision (a), at any time
during the collaborative law process the parties may agree in writing
to set jurisdiction over all issues to be heard by a court of
competent jurisdiction retroactive to any date as far back as the
date the parties entered into the collaborative law agreement.
   (d) Sections 1115 to 1128, inclusive, of the Evidence Code,
regarding confidentiality protections on information exchanged in
mediation, shall also apply to collaborative law proceedings.
   (1) All statements, communications, and work product made or
arising from a collaborative family law case are confidential and are
inadmissible in any court proceeding, except by written agreement by
the parties.
   (2) Work product includes, but is not limited to, any written or
oral communication between the parties and their attorneys, and
written or oral communication, reports, or analysis of any third
party professional or expert used in the collaborative law process.
   (3) Notwithstanding this subdivision and the confidential nature
of the collaborative law process, all written agreements entered into
by the parties during the collaborative law process are deemed
inadmissible in court.
   (e) If the collaborative law process terminates without
settlement, each party shall seek new counsel or represent himself or
herself in order to proceed in litigation. Neither attorney in the
collaborative law process may act as litigation counsel for either
party.
   (f) Pursuant to paragraph (3) of subdivision (d), all written
agreements entered into by the parties during the collaborative law
process are deemed inadmissible in court, notwithstanding the
termination of the process or the confidential nature of the
collaborative law process.
   (g) The collaborative law agreement shall include, but not be
limited to, provisions for all of the following:
   (1) The parties' full compliance with disclosure requirements
under Chapter 9 (commencing with Section 2100) and candid exchange of
all information between the parties and their attorneys as necessary
to make a proper evaluation of the case, including, but not limited
to, each party's preliminary declaration of disclosure, income and
expense declaration, and schedule of assets and debts, all under
penalty of perjury, pursuant to Section 2104.
   (2) Suspending court intervention in the dispute while the parties
and their attorneys are using collaborative law procedures requiring
court appearances pursuant to local county rules.
   (3) Provisions for jointly hiring mental health, financial, or
other professionals to serve as joint experts to assist the parties
in the investigation, evaluation, or resolution of issues, as well as
assisting the parties in making informed decisions.
   (4) Withdrawal of all attorneys involved in the collaborative law
process if the process does not result in settlement of the dispute.

   (5) Expectation that the parties and attorneys shall use their
best efforts and good faith to resolve the dissolution of marriage
through the collaborative law process.
   (h) A court that is notified 30 days before trial that the parties
are using the collaborative law process to attempt to settle a
dispute may not, until a party notifies the court that the
collaborative law process did not result in a settlement, do any of
the following:
   (1) Set a hearing or trial in the case.
   (2) Impose discovery deadlines.
   (3) Require compliance with pretrial orders.
   (4) Dismiss the case.
   (i) The parties shall notify the court if the collaborative law
process results in a settlement.
   (j) If the collaborative law process does not result in a
settlement on or before two years of the date that the petition was
filed, if any, the court may set the matter for a case management
conference.  
  SECTION 1.    Section 8709 of the Government Code
is amended to read:
   8709.  The office shall be responsible for the establishment of
committees in those topic areas deemed necessary by the director,
including a committee, made up of members who do not serve on the
commission, for the purpose of advising the office on issues facing
groups who are migrating, or have recently migrated, to California
from Mexico.  Membership on the committees shall be at the pleasure
of the appointing power. The appointing authority for the committees
within the commission shall be the chairman of the commission.
Recommendations of the committees shall not be binding on the
Governor or the Legislature but shall only be advisory in nature.