Dispute Resolution ProgramsLegislative Purpose

Section § 465

Explanation

This law emphasizes that using alternative methods like mediation, conciliation, and arbitration can make resolving disputes cheaper, quicker, and easier compared to going through formal court proceedings. These alternatives offer a welcoming and adaptable setting for people from various backgrounds and can help resolve issues such as neighborhood, domestic, and consumer disputes.

The law encourages the use of local resources, including diverse community volunteers and public facilities, to support these less formal dispute resolutions. It also highlights the need for additional funding to develop and strengthen these programs.

Court systems and enforcement agencies are urged to promote these alternative methods whenever they can improve justice administration. Counties are encouraged to incorporate these approaches into their planning, and the Judicial Council should consider adding information about these options to official court forms.

The Legislature hereby finds and declares all of the following:
(a)CA Business & Professions Code § 465(a) The resolution of many disputes can be unnecessarily costly, time-consuming, and complex when achieved through formal court proceedings where the parties are adversaries and are subjected to formalized procedures.
(b)CA Business & Professions Code § 465(b) To achieve more effective and efficient dispute resolution in a complex society, greater use of alternatives to the courts, such as mediation, conciliation, and arbitration should be encouraged. Community dispute resolution programs and increased use of other alternatives to the formal judicial system may offer less threatening and more flexible forums for persons of all ethnic, racial, and socioeconomic backgrounds. These alternatives, among other things, can assist in the resolution of disputes between neighbors, some domestic disputes, consumer-merchant disputes, and other kinds of disputes in which the parties have continuing relationships. A noncoercive dispute resolution forum in the community may also provide a valuable prevention and early intervention problem-solving resource to the community.
(c)CA Business & Professions Code § 465(c) Local resources, including volunteers reflective of the diversity of the community and available public buildings should be utilized to achieve more accessible, cost-effective resolutions of disputes. Additional financial resources are needed to expand, stabilize, and improve existing programs and entities which sponsor alternative dispute resolution.
(d)CA Business & Professions Code § 465(d) Courts, prosecuting authorities, law enforcement agencies, and administrative agencies should encourage greater use of alternative dispute resolution techniques whenever the administration of justice will be improved.
(e)CA Business & Professions Code § 465(e) Counties should consider increasing the use of alternative dispute resolution in their operations as plans for court reform are developed and implemented.
(f)CA Business & Professions Code § 465(f) The Judicial Council should consider, in redrafting or updating any of the official pleading forms used in the trial courts of this state, the inclusion of information on options for alternative dispute resolution.
mediation conciliation arbitration

Section § 465.5

Explanation

This section aims to support counties in promoting alternative dispute resolution (ADR) techniques to resolve community disputes informally. It encourages community involvement in the creation and management of ADR programs, which can also serve as models for other areas.

The law also wants to educate communities about the benefits of ADR and recommends collaboration among courts, law enforcement, and other agencies to utilize and refer to these programs.

Moreover, when California takes on the funding of trials, they should consider an advisory council's evaluation of ADR programs' effectiveness and potential for statewide implementation and funding.

It is the intent of the Legislature to permit counties to accomplish all of the following:
(a)CA Business & Professions Code § 465.5(a) Encouragement and support of the development and use of alternative dispute resolution techniques.
(b)CA Business & Professions Code § 465.5(b) Encouragement and support of community participation in the development, administration, and oversight of local programs designed to facilitate the informal resolution of disputes among members of the community.
(c)CA Business & Professions Code § 465.5(c) Development of structures for dispute resolution that may serve as models for resolution programs in other communities.
(d)CA Business & Professions Code § 465.5(d) Education of communities with regard to the availability and benefits of alternative dispute resolution techniques.
(e)CA Business & Professions Code § 465.5(e) Encouragement of courts, prosecuting authorities, public defenders, law enforcement agencies, and administrative agencies to work in cooperation with, and to make referrals to, dispute resolution programs.
At the time that the state assumes the responsibility for the funding of California trial courts, consideration shall be given to the Dispute Resolution Advisory Council’s evaluation of the effectiveness of alternative dispute resolution programs and the feasibility of the operation of a statewide program of grants, with the intention of funding alternative dispute resolution programs on a statewide basis.
alternative dispute resolution community participation informal resolution