AttorneysAlternative Dispute Resolution Certification Program

Section § 6173

Explanation

This law requires the State Bar to set up a program that certifies alternative dispute resolution (ADR) firms, providers, or practitioners. These certified parties do not need to be licensed by the State Bar. The program must include a process for getting certified, which involves meeting certain ethical standards for arbitrators and mediators. There are different certification levels based on accountability and consumer protection, but these levels don't assess the quality of service. The State Bar has the power to deny or revoke certifications if standards are not maintained. They can charge fees for certification, which may be higher initially to cover start-up costs. Importantly, no license fee funds will go towards this program. Alternative dispute resolution refers to methods like mediation and arbitration where a neutral third party helps resolve disputes without going to court.

(a)Copy CA Business & Professions Code § 6173(a)
(1)Copy CA Business & Professions Code § 6173(a)(1) The State Bar shall create a program to certify alternative dispute resolution firms, providers, or practitioners.
(2)CA Business & Professions Code § 6173(a)(2) A program created pursuant to paragraph (1) shall not require a firm, provider, or practitioner to be a licensee of the State Bar in order to be certified under the program.
(b)CA Business & Professions Code § 6173(b) The program shall include, but shall not be limited to, all of the following:
(1)CA Business & Professions Code § 6173(b)(1) Procedures established by the State Bar for a firm, provider, or practitioner to become a certified alternative dispute resolution firm, provider, or practitioner that include, but are not limited to, a requirement that the firm, provider, or practitioner verify all of the following:
(A)CA Business & Professions Code § 6173(b)(1)(A) The firm, provider, or practitioner requires, at a minimum, its arbitrators to comply with the Ethics Standards for Neutral Arbitrators in Contractual Arbitration as adopted by the Judicial Council pursuant to Section 1281.85 of the Code of Civil Procedure.
(B)CA Business & Professions Code § 6173(b)(1)(B) The firm, provider, or practitioner requires, at a minimum, its mediators to comply with ethical standards that are equivalent to the Rules of Conduct for Mediators in Court-Connected Mediation Programs for General Civil Cases as provided in Rules 3.850 to 3.860, inclusive, of the California Rules of Court.
(C)CA Business & Professions Code § 6173(b)(1)(C) The firm, provider, or practitioner has procedures in place for persons to make complaints regarding the failure of an arbitrator or mediator of the firm, provider, or practitioner to comply with the standards described in subparagraph (A) or (B), as applicable. For mediators, those complaint procedures shall be substantially similar to the complaint procedures specified in Article 3 (commencing with Rule 3.865) of Chapter 3 of Division 8 of Title 3 of the California Rules of Court.
(D)CA Business & Professions Code § 6173(b)(1)(D) The firm, provider, or practitioner has procedures to remedy failures of arbitrators or mediators to comply with the standards described in subparagraph (A) or (B), as applicable.
(2)CA Business & Professions Code § 6173(b)(2) Different levels or tiers for certification that meet all of the following requirements:
(A)CA Business & Professions Code § 6173(b)(2)(A) Higher levels or tiers are awarded to firms, providers, or practitioners that demonstrate a higher level of commitment to accountability and consumer protection based on criteria developed by the State Bar.
(B)CA Business & Professions Code § 6173(b)(2)(B) The levels or tiers do not reflect an assessment of the quality of a firm, provider, or practitioner.
(C)CA Business & Professions Code § 6173(b)(2)(C) The levels or tiers only reference standards of conduct described in subparagraph (A) or (B) of paragraph (1), as applicable.
(3)CA Business & Professions Code § 6173(b)(3) Authority for the State Bar to deny or revoke certification for a failure to meet or maintain certification standards.
(c)Copy CA Business & Professions Code § 6173(c)
(1)Copy CA Business & Professions Code § 6173(c)(1) The State Bar may charge an alternative dispute resolution firm, provider, or practitioner seeking certification pursuant to this section a fee to cover the reasonable costs of administering the program.
(2)CA Business & Professions Code § 6173(c)(2) The fee charged pursuant to paragraph (1) may be higher in the early years of the program to reimburse the State Bar for costs related to the planning and establishment of the program, including, but not limited to, technology and preliminary staffing costs.
(3)CA Business & Professions Code § 6173(c)(3) The State Bar shall not use any moneys received from the annual license fees collected pursuant to Section 6140 or 6141 for any costs associated with this section.
(d)CA Business & Professions Code § 6173(d) For purposes of this article:
(1)CA Business & Professions Code § 6173(d)(1) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process.
(2)CA Business & Professions Code § 6173(d)(2) “Program” means the program created pursuant to subdivision (a).
alternative dispute resolution certification program State Bar