Last week SCMA’s Board voted to oppose AB 2475 which would abolish quasi judicial immunity for third persons who are engaged in mediation, conciliation, evaluation or similar dispute resolution efforts under any statute or contract so that such persons would not be exonerated from liability for any act performed in that capacity.
Click here for a copy of the letter that I sent (as President) on Thursday, April 22, 2010 to the sponsoring Assembly member, James T. Beall Jr., expressing SCMA’s opposition.
In response to the many comments that Mr. Beall no doubt received in response to AB 2475, he amended the draft legislation on April 22, 2010 so that the abolition of quasi judicial immunity would apply only to family law matters. However, this latest draft still includes mediators, especially privately retained mediators, who handle family law disputes. Thus, I have written a second letter to Mr. Beall, urging that the draft legislation is still too broad and that to accomplish his purpose of excluding from quasi judicial immunity those evaluators who provide recommendations and findings to the court, the draft legislation should delete all references to “mediation” and “mediators.” Stay tuned for further developments!