Assembly Bill 1030 (McAlister-1985)
Chapter 731, Statutes of 1985
Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-800-666-1917 or firstname.lastname@example.org) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.
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)
The complete Legislative History Report and Analysis and documents with authenticating declaration expands upon the information above. In addition to available legislative file materials from the Assembly and Senate Committees, the author and the Governor, our research typically includes review for competitor and predecessor bills, interim reports, hearings, studies and other relevant background documentation unique to this legislation. To order a complete report, please contact us by e-mail at email@example.com, by faxing your request to (530) 668 5866, or by calling us toll free at 1-800-666-1917.