Section 216 Of Part 2. General Procedural Provisions From California Family Law Code >> Division 2. >> Part 2.
216
. (a) In the absence of a stipulation by the parties to the
contrary, there shall be no ex parte communication between the
attorneys for any party to an action and any court-appointed or
court-connected evaluator or mediator, or between a court-appointed
or court-connected evaluator or mediator and the court, in any
proceedings under this code, except with regard to the scheduling of
appointments.
(b) There shall be no ex parte communications between counsel
appointed by the court pursuant to Section 3150 and any
court-appointed or court-connected evaluator or mediator, except
where it is expressly authorized by the court or undertaken pursuant
to paragraph (5) of subdivision (c) of Section 3151.
(c) Subdivisions (a) and (b) shall not apply in the following
situations:
(1) To allow a mediator or evaluator to address a case involving
allegations of domestic violence as set forth in Sections 3113, 3181,
and 3192.
(2) To allow a mediator or evaluator to address a case involving
allegations of domestic violence as set forth in Rule 5.215 of the
California Rules of Court.
(3) If the mediator or evaluator determines that ex parte
communication is needed to inform the court of his or her belief that
a restraining order is necessary to prevent an imminent risk to the
physical safety of the child or the party.
(d) Nothing in this section shall be construed to limit the
responsibilities a mediator or evaluator may have as a mandated
reporter pursuant to Section 11165.9 of the Penal Code or the
responsibilities a mediator or evaluator may have to warn under
Tarasoff v. Regents of the University of California (1976) 17 Cal.3d
425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section
43.92 of the Civil Code.
(e) The Judicial Council shall, by July 1, 2006, adopt a rule of
court to implement this section.