In 2024,Three Mediation-Related Measures Passed, One Did Not.
As of December 22, 2024, the status of the four California legislative measures from 2024 impacting mediation practices is as follows:
Senate Bill 940 (SB 940): Enacted into law on September 29, 2024, this bill establishes a voluntary certification program for Alternative Dispute Resolution (ADR) providers and practitioners, including mediators, administered by the State Bar of California.
Assembly Bill 1755 (AB 1755): Signed into law in October 2024, this legislation updates the California Lemon Law by introducing a mandatory mediation process for consumers and vehicle manufacturers before litigation.
Senate Bill 1141 (SB 1141): This bill proposed increasing the monetary threshold for court-ordered mediation in superior courts from $50,000 to $150,000. However, it did not pass; on August 28, 2024, it was returned to the Chief Clerk pursuant to Joint Rule 62(a), indicating that it failed to advance through the legislative process.
Assembly Bill 2011 (AB 2011): This bill makes permanent the small employer family leave mediation program. Governor Newsom signed it into law on July 23, 2024.
In summary, SB 1141 is the only measure among the four that was not enacted into law in 2024.
COMMENT: The impetus for SB 1141 was court congestion. Also, the $50,000 threshold for court-ordered mediation was enacted in 1994, and inflation has more than doubled since then. SB 1141 passed 38-0 in the California Senate, but foundered in the Assembly Judiciary Committee. Hence, it was never voted on by the Assembly. Would a measure that simply adjusted the threshold amount to the inflation index make sense?
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