BILL ANALYSIS
AB 933
Page 1
GOVERNOR'S VETO
AB 933 (Keeley)
As Amended August 16, 1999
2/3 vote
ASSEMBLY: 76-0 (May 24, 1999) SENATE:
40-0(August 19, 1999)
ASSEMBLY: 76-0 (August 26, 1999)
Original Committee Reference: JUD.
SUMMARY : Seeks to protect victims of domestic violence from
fear, violence and manipulation in arbitration proceedings.
Specifically, this bill :
1)Prohibits the court, in an action for marital dissolution or
legal separation, to refer parties to arbitration to resolve
disputes over the division of property if a party objects to
arbitration due to concerns about domestic violence between
the parties and the court finds that there is a domestic
violence protective order in effect or that domestic violence
has occurred or is likely to occur between the parties. The
court may nevertheless submit the matter to arbitration in
such cases if the arbitrator has completed specified domestic
violence training and if the arbitration takes place in the
courthouse or a location in which there is adequate security.
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.
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The Senate amendments :
1)Place the burden on the party to object to the arbitration due
to concerns about domestic violence, rather than prohibiting
arbitration in cases in which there is domestic violence
unless the victim affirmatively requests arbitration of the
matter.
2)Limit the applicability of the bill to cases in which there is
a protective order in effect or the court finds that domestic
violence has occurred or is likely to occur.
3)Authorize the court to submit issues of property division to
arbitration is the arbitrator has completed specified training
in domestic violence and if the arbitration was to occur in a
location in which there was sufficient security present.
AS PASSED BY THE ASSEMBLY , this bill:
1)Prohibited the court, in an action for marital dissolution or
legal separation, from referring parties to arbitration to
resolve disputes over the division of property in cases in
which there had been an allegation of domestic violence or in
which a domestic violence protective order had been issued.
The court was authorized 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 requested arbitration to resolve such disputes.
2)Allowed 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 had been issued by the court.
The arbitrator was authorized to exclude the support person
if he or she participated in the arbitration, acted as an
advocate for the party, or otherwise disrupted the
arbitration.
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
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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 a domestic violence protective order has been
issued or in which the court finds that domestic violence has
occurred or will likely occur between the parties.
For those cases in which the court finds arbitration to be
appropriate, 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 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.
GOVERNOR'S VETO MESSAGE :
While this bill seeks to divert cases involving
domestic violence to arbitration, it may have the
effect of increasing the operations of trial courts
statewide. As the cost of these court operations
increase as a result of this bill, the aggregate
total could create an unknown but significant
pressure on the General Fund. A more realistic and
less costly alternative may be to provide security
for the participants in the arbitration meeting
AB 933
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itself, thus expending less money than is associated
with a full trial proceeding and other court related
services.
A more realistic and less costly alternative may be
to provide security for the participants in the
arbitration meeting itself, thus expending less
money than is associated with a full trial
proceeding and other court related services.
Analysis Prepared by : Donna S. Hershkowitz / JUD. / (916)
319-2334
FN:
0003766