BILL ANALYSIS
AB 933
Page 1
ASSEMBLY THIRD READING
AB 933 (Keeley)
As Amended April 27, 1999
Majority vote
JUDICIARY 14-0
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|Ayes:|Kuehl, Ackerman, Aroner, | | |
| |Robert Pacheco, Corbett, | | |
| |House, Jackson, Knox, | | |
| |Longville, McClintock, | | |
| |Shelley, Steinberg, | | |
| |Strickland, Wiggins | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Seeks to protect victims of domestic violence from
fear, violence and manipulation in arbitration proceedings.
Specifically, this bill :
1)Limits the ability of the court, in an action for marital
dissolution or legal separation, to refer parties to
arbitration to resolve disputes over the division of property,
prohibiting such an order in cases in which there has been an
allegation of domestic violence or in which a domestic
violence protective order has been issued. The court may,
however, submit the matter to arbitration if the party making
the allegation of domestic violence, or who is protected by
the domestic violence protective order, affirmatively requests
arbitration to resolve such disputes.
2)Allows a party to have a "support person" present in the
arbitration, to provide emotional and moral support, in any
case in which a protective order has been issued by the court.
The arbitrator may exclude the support person if he or she
participates in the arbitration, acts as an advocate for the
party, or otherwise disrupts the arbitration.
EXISTING LAW :
1)Requires the court, in a proceeding for dissolution of
marriage or legal separation, to make an equal division of the
community estate between the parties. An unequal division is
permitted in limited, enumerated circumstances.
AB 933
Page 2
2)Provides that if the parties to a dissolution or legal
separation do not agree to a voluntary division of the
community estate, and the value of the estate is less than
$50,000, the court may submit the issue of property division
to arbitration.
3)Provides that, where there has been a history of domestic
violence between the parties, or where a protective order is
in effect, custody evaluations, mediation of custody and
visitation disputes, and court-ordered counseling in cases
involving custody disputes, shall be conducted in a way to
allow the parties to meet separately and at separate times
with the evaluator, mediator, or counselor.
4)Authorizes the presence of a support person in a mediation
session to provide moral and emotional support for a person
who has been granted a protective order by the court against
the other party to the mediation. The mediator may exclude
the support person from the mediation if he or she
participates in the session, acts as an advocate, or otherwise
disrupts the mediation.
5)Expresses the intent of the Legislature that arbitration
hearings provide parties with a simplified and economical
procedure for obtaining prompt and equitable resolution of
disputes and that arbitration hearings provide parties maximum
opportunity to participate directly in the resolution of their
disputes.
FISCAL EFFECT : Unknown
COMMENTS : The author introduced this bill at the request of
the California Alliance Against Domestic Violence, the sponsor,
to address the serious problems victims of domestic violence may
face when forced to negotiate or otherwise settle disputes with
the perpetrator of the violence. The author notes that victims
of domestic violence may be placed in danger or in legitimate
and substantial fear of danger, or otherwise manipulated when
forced into one-on-one arbitration in an unprotected environment
with their alleged abuser. Recognizing that in cases of
domestic violence arbitration may not provide a level playing
field, the bill limits the ability of the court to refer parties
to arbitration to resolve disputes over the division of property
in cases in which there has been an allegation of domestic
AB 933
Page 3
violence or in which a domestic violence protective order has
been issued. The court is only authorized to submit the matter
to arbitration in such cases if the party making the allegation
of domestic violence, or who is protected by the domestic
violence protective order, affirmatively requests arbitration to
resolve the property dispute.
For those cases in which the party does affirmatively request
arbitration over the issue of property division, this bill
permits the victim to be accompanied by a support person for the
purpose of providing emotional and moral support. The author
notes that "under existing law, during any mediation a party who
is protected by a protective order relating to alleged domestic
violence is allowed to be accompanied by a support person. This
bill would expand that authorization to [apply equally] to any
arbitration orientation or session."
The introduced version of this bill, instead of prohibiting the
referral of the parties to arbitration, required that in cases
in which domestic violence was alleged or in which a protective
order had been issued, the arbitrator meet with the parties
separately and at separate times. Taking into account the
suggestion of the California Dispute Resolution Council and
others that in order for arbitration to be most effective both
parties must be in the same room at the same time, the author
has proposed to amend the bill in the manner set forth in this
analysis.
The sponsor asserts that arbitration simply does not provide a
protective environment for victims of domestic violence. This
bill will go a long way in ensuring that victims of domestic
violence have the access to the full range of dispute resolution
options, while at the same time ensuring that the use of
arbitration is a knowing and voluntary choice.
Analysis Prepared by : Donna S. Hershkowitz / JUD. / (916)
319-2334
FN: 0000718