Article 3Establishment and Administration of Programs

Section § 467

Explanation

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.

(a)CA Business and Professions Code § 467(a) There is in the Division of Consumer Services of the Department of Consumer Affairs a Dispute Resolution Advisory Council. The advisory council shall complete the duties required by this chapter no later than January 1, 1989.
(b)CA Business and Professions Code § 467(b) The advisory council shall consist of seven persons, five of whom shall be appointed by the Governor. One member shall be appointed by the Senate Rules Committee, and one member shall be appointed by the Speaker of the Assembly. At least four of the persons appointed to the advisory council shall be active members of the State Bar of California, and at least four persons appointed to the advisory council shall have a minimum of two years of direct experience in utilizing dispute resolution techniques. The members of the advisory council shall reflect the racial, ethnic, sexual, and geographic diversity of the State of California.
(c)CA Business and Professions Code § 467(c) The members of the advisory council shall not receive a salary for their services but shall be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their duties.
Dispute Resolution Advisory Council Department of Consumer Affairs Governor appointments Senate Rules Committee Speaker of the Assembly California State Bar members diversity travel expenses racial ethnic sexual diversity geographic diversity dispute resolution experience advisory council duties
(Amended by Stats. 1987, Ch. 28, Sec. 1. Effective May 28, 1987.)

Section § 467.1

Explanation

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.

(a)CA Business and Professions Code § 467.1(a) A program funded pursuant to this chapter shall be operated pursuant to contract with the county and shall comply with all of the requirements of this chapter and the rules and regulations of the advisory council.
(b)CA Business and Professions Code § 467.1(b) Counties may establish a program of grants to public entities and nonpartisan nonprofit corporations for the establishment and continuance of programs to be operated under the requirements of this chapter and the standards developed by the advisory council. The board of supervisors of a county in which, because of the county’s size, the distribution authorized by Section 470.5 is insufficient to establish a county program may enter into an agreement with the board of supervisors of one or more other such counties to establish a program authorized by this chapter on a regional basis.
county contract advisory council nonpartisan nonprofit public grants program funding regional program county board supervisors agreement program establishment grant programs regional cooperation program compliance nonprofit funding county size Section 470.5 distribution
(Amended by Stats. 2005, Ch. 75, Sec. 2. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

Section § 467.2

Explanation

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.

A program shall not be eligible for funding under this chapter unless it meets all of the following requirements:
(a)CA Business and Professions Code § 467.2(a) Compliance with this chapter and the applicable rules and regulations of the advisory council.
(b)CA Business and Professions Code § 467.2(b) Provision of neutral persons adequately trained in conflict resolution techniques as required by the rules and regulations promulgated by the advisory council pursuant to Section 471.
(c)CA Business and Professions Code § 467.2(c) Provision of dispute resolution, on a sliding scale basis, and without cost to indigents.
(d)CA Business and Professions Code § 467.2(d) Provision that, upon consent of the parties, a written agreement or an award resolving a dispute will be issued setting out a settlement of the issues involved in the dispute and the future responsibilities of each party.
(e)CA Business and Professions Code § 467.2(e) Provision of neutral procedures applicable equally to all participants without any special benefit or consideration given to persons or entities providing funding for the programs.
(f)CA Business and Professions Code § 467.2(f) Provision that participation in the program is voluntary and that the parties are not coerced to enter dispute resolution.
(g)CA Business and Professions Code § 467.2(g) Provision of alternative dispute resolution is the primary purpose of the program.
(h)CA Business and Professions Code § 467.2(h) Programs operated by counties that receive funding under this chapter shall be operated primarily for the purposes of dispute resolution, consistent with the purposes of this chapter.
dispute resolution neutral facilitators sliding scale basis indigent services voluntary participation neutral procedures written agreement alternative dispute resolution advisory council program funding eligibility non-coercive entry program operation requirements
(Added by Stats. 1986, Ch. 1313, Sec. 1.)

Section § 467.3

Explanation

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.

Programs funded pursuant to this chapter shall provide persons indicating an intention to utilize the dispute resolution process with a written statement prior to the dispute resolution proceeding, in language easy to read and understand, stating all of the following:
(a)CA Business and Professions Code § 467.3(a) The nature of the dispute.
(b)CA Business and Professions Code § 467.3(b) The nature of the dispute resolution process.
(c)CA Business and Professions Code § 467.3(c) The rights and obligations of the parties, including, but not limited to, all of the following:
(1)CA Business and Professions Code § 467.3(c)(1) The right to call and examine witnesses.
(2)CA Business and Professions Code § 467.3(c)(2) The right of the parties to be accompanied by counsel, who may participate as permitted under the rules and procedures of the program.
(d)CA Business and Professions Code § 467.3(d) The procedures under which the dispute resolution will be conducted.
(e)CA Business and Professions Code § 467.3(e) If the parties enter into arbitration, whether the dispute resolution process will be binding.
dispute resolution written statement parties' rights call witnesses examine witnesses lawyer participation binding arbitration dispute nature process procedures programme rules obligations of parties
(Added by Stats. 1986, Ch. 1313, Sec. 1.)

Section § 467.4

Explanation

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.

(a)CA Business and Professions Code § 467.4(a) An agreement resolving a dispute entered into with the assistance of a program shall not be enforceable in a court nor shall it be admissible as evidence in any judicial or administrative proceeding, unless the consent of the parties or the agreement includes a provision that clearly states the intention of the parties that the agreement or any resulting award shall be so enforceable or admissible as evidence.
(b)CA Business and Professions Code § 467.4(b) The parties may agree in writing to toll the applicable statute of limitations during the pendency of the dispute resolution process.
dispute resolution agreement enforceability court evidence judicial proceeding administrative proceeding parties' consent enforceable agreement admissible evidence statute of limitations tolling statute written agreement dispute program resolution process legal time limit award enforcement
(Added by Stats. 1986, Ch. 1313, Sec. 1.)

Section § 467.5

Explanation

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.

Notwithstanding the express application of Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code to mediations, all proceedings conducted by a program funded pursuant to this chapter, including, but not limited to, arbitrations and conciliations, are subject to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code.
mediation arbitration conciliation evidence rules dispute resolution proceedings program funded Chapter 2 Division 9 Section 1115 confidentiality legal proceedings program guidelines California Evidence Code program eligibility
(Amended by Stats. 1997, Ch. 772, Sec. 1. Effective January 1, 1998.)

Section § 467.6

Explanation

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.

Each program shall maintain those statistical records required by Section 471.5, and as may be required by the county. The records shall maintain the confidentiality and anonymity of the parties.
statistical records Section 471.5 county requirements confidentiality anonymity programs record keeping privacy data protection compliance requirements confidential records anonymous data
(Added by Stats. 1986, Ch. 1313, Sec. 1.)

Section § 467.7

Explanation

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.

(a)CA Business and Professions Code § 467.7(a) Unless the parties have agreed to a binding award, nothing in this chapter shall be construed to prohibit any person who voluntarily enters the dispute resolution process from revoking his or her consent, withdrawing from dispute resolution, and seeking judicial or administrative redress.
(b)CA Business and Professions Code § 467.7(b) In cases in which a criminal complaint has been filed by a prosecutor, other than for an infraction, the advice of counsel shall be obtained before any dispute resolution process is initiated. Nothing in this subdivision shall be construed to preclude a defendant from knowingly and voluntarily waiving the right to counsel. A defendant who indicates a desire to waive the right to counsel shall be encouraged to consult with the public defender or private counsel before waiving that right.
binding award dispute resolution revoke consent withdrawal judicial redress administrative redress criminal complaint infraction advice of counsel right to counsel waiving counsel public defender consultation
(Added by Stats. 1986, Ch. 1313, Sec. 1.)