Find Mediators Near You:

An Open Letter – Part 2

From the Blog of Phyllis G. Pollack.

Last week, I discussed a legislative bill, AB 2475, introduced into the California legislature which, if passed, abolishes quasi-judicial immunity for mediators and other alternative dispute resolution professionals.(ab_2475_bill_20100408.) As President of the Southern California Mediation Association (“SCMA”), I sent a letter to the sponsor of the legislation, posted it on my blog and urged everyone to make their voices heard.

It seems those voices were heard as the legislation was amended on April 22, 2010 to abolish quasi-judicial immunity only for matters falling within California’s Family Code. (ab_2475_bill_20100422 .) Thus, while this legislation no longer effects mediators handling civil, commercial, contractual or personal injury disputes, it still effects private mediators handling family-law matters. Given that its purpose is apparently aimed at evaluators (i.e. not mediators) who submit findings and recommendations to a court, this latest amended draft still sweeps too broadly: Family law mediators are bound by mediation confidentiality and so do not submit any findings and recommendations to a court.

So, once again, I have written to the sponsor of the legislation ( letter) and urge each of you to do the same and make your viewpoint known and heard.

. . . Just something to think about.

Postscript: It seems that this draft legislation has once again been amended. On April 28, 2010, it was modified drastically so that it now abolishes”… quasi -judicial immunity… [for] any private third party … appointed by the court …who provides a report or findings to the court in a proceeding under the Family Code, with the intention that the court act in one way or another based on the report or findings….” (ab_2475_bill_20100428.) Success! The Assembly Member heard your voices! Have a great day!

                        author

Phyllis Pollack

Phyllis Pollack with PGP Mediation uses a facilitative, interest-based approach. Her preferred mediation style is facilitative in the belief that the best and most durable resolutions are those achieved by the parties themselves. The parties generally know the business issues and priorities, personalities and obstacles to a successful resolution as… MORE >

Featured Members

ad
View all

Read these next

Category

The Middle East: Without A Middle

How can mediators expect to develop multicultural conflict engagement and transformation programs for Jews and Palestinians when there is no equity between them? On what can trust be based when...

By Dorit Cypis
Category

Mediation in light of the New Technologies. A multi-geographic journey through the origins and present of conflict resolution and technological impact — Book Review

This work, masterfully directed by Dr. Alberto Elisavetsky, has managed to bring together, in an agile, entertaining and coordinated way, referents of the ODR theme around the world. This allows...

By Luz Bibiana Clara
Category

This Common (but faulty) Reasoning Leads to Bad Decisions

We like to think of ourselves as rational beings, and yet we act irrationally in all sorts of ways. One way we act irrationally is with a type of faulty...

By Tammy Lenski
×