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Assembly Bill 1030 (McAlister-1985)

Chapter 731, Statutes of 1985

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The Third Reading analysis prepared by the Office of Senate Floor Analyses on Assembly Bill 1030 as last amended July 1, 1985, described the bill as follows:

This bill provides that, when parties to a mediation so agree, oral and written information disclosed in mediation is not admissible in a civil action or proceeding, as specified. The protection applies only if, prior to the mediation, persons who agree to conduct and participate in the mediation execute a written agreement which sets forth the text of specified subdivisions of this bill and states that they agree that the protection applies. . . .
(See Exhibit #9, page 1)

The Senate Committee on Judiciary analysis of Assembly Bill 1030 as amended April 8, 1985 explained that the purpose of this bill is to encourage participants to use the mediation process and thus reduce court congestion. (See Exhibit #7a, page 2)

As explained by Assembly member McAlister in his letter to Governor Deukmejian regarding Assembly Bill 1030:

This bill protects statements made and documents prepared in the course of a mediation from disclosure in a later civil action. This protection will make mediation a more useful alternative to a court or jury trial. Mediators have advised the Law Revision Commission that the lack of protection from subsequent disclosure in a civil action sometimes causes a person to refuse to mediate.
(See Exhibit #14, document PE-2)

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