SCMA continues to take action to protect the interests of mediators in the State of California. This past month, SCMA submitted a response to a proposal by the Conference of California Bar Associations that would amend Evidence Code 1120 to create an exception to mediation confidentiality to explore possible fraud in family law cases. SCMA took the position that such an exception to California’s strong protections for mediation confidentiality is unnecessary, particularly since the Family Code’s disclosure obligations and other available remedies, already provide adequate remedies against potential fraud.
SCMA also recently submitted a letter to the State Assembly Judiciary Committee in response to Assembly Bill 1123 that would allow counties to transfer the responsibility for allocating DRPA funding to the courts, as already occurs in some counties including San Bernardino. SCMA expressed the concern that such transfers could create the potential for conflicts of interest if the courts were to prefer their own programs to those of established community mediation organizations.
Members who are concerned with particular legislative proposals or pending court cases affecting the practice of mediation should not hesitate to contact any member of the SCMA board to express their concerns.
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