PRIVILEGED DOCUMENTS IN DIVORCE MEDIATION

WHEREAS, the Divorce Mediation Committee of the Family Law Section of the Philadelphia Bar Association is charged with reviewing pertinent legislation regarding mediation in divorce;

WHEREAS, Senate Bill 519 is currently before the Judiciary Committee and deals with confidential mediation communication and documents;

WHEREAS, the Divorce Mediation Committee has met, reviewed and discussed Senate Bill 619;

WHEREAS, the Committee endorses the passage of Senate Bill 519 with the one following addition to page 2 line 15, which should read as follows:

(3) Any document which otherwise exists or existed independent of the Mediation Process and is not otherwise covered by this section is not privileged.

NOW, THEREFORE, BE IT RESOLVED that the Divorce Mediation Committee of the Family Law Section of the Philadelphia Bar Association recommends that Senate Bill 619 be supported with the above additional language, and request that the Board of Governors accept this resolution and support Senate Bill 619, as amended.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: October 26, 1995