Dispute Resolution ProgramsEstablishment and Administration of Programs
Section § 467
This section establishes a Dispute Resolution Advisory Council within California's Department of Consumer Affairs. The council was meant to complete its duties by January 1, 1989. Seven members make up the council: five appointed by the Governor, and one each by the Senate Rules Committee and the Speaker of the Assembly. At least four members must be active California State Bar lawyers, and four must have at least two years of experience in dispute resolution. The council should represent California's diverse population, and members will not be paid but can be reimbursed for travel and expenses.
Section § 467.1
This section explains that programs funded under this chapter must meet certain rules set by the county and the advisory council. Counties can give grants to public and nonprofit organizations to start or maintain these programs. If a county is too small to fund its own program, it can partner with other counties to create a shared program.
Section § 467.2
This law outlines the requirements for programs to qualify for funding aimed at resolving disputes. To be eligible, a program must follow certain rules, including having trained neutral facilitators and offering services that charge based on income or are free for those who can’t afford them. Agreements reached must be written if both parties agree, and no bias should be shown to funders. Participation must be optional, with the main goal being resolving disputes, specifically for county-operated programs.
Section § 467.3
For programs funded under this chapter, before any dispute resolution proceedings start, the involved parties must receive a clear, written explanation of what the dispute is about and how it will be resolved. This includes details about the process, the rights and obligations of everyone involved, such as the right to call witnesses and have a lawyer present. Also, the procedures that will be followed, and whether or not arbitration, if chosen, will be legally binding, must be explained.
Section § 467.4
This law states that if you resolve a dispute through a specific program, the agreement you reach usually can't be enforced in court or used as evidence unless it specifically says so. Additionally, you and the other party can agree in writing to pause the time limit for taking legal action while you're involved in this dispute resolution process.
Section § 467.5
This law says that even though mediations specifically fall under certain evidence rules in California, all similar dispute resolution processes, like arbitrations and conciliations organized under this program, will also have to follow those same evidence rules.
Section § 467.6
Programs must keep certain statistical records as required by law and possibly additional ones required by the county. These records have to keep personal information confidential and anonymous.
Section § 467.7
This law says that if you're involved in a dispute resolution process but haven't agreed to a binding outcome, you can back out and go to court or a government agency instead. If a criminal case is involved, and it's more serious than a minor offense, you need to talk to a lawyer before starting the dispute resolution process. However, you can choose to not have a lawyer, but it's a good idea to talk to one, like a public defender, before making that decision.