The goal of the Act is the creation of a state-wide system of locally-funded programs which will provide dispute resolution services primarily conciliation and mediation to county residents. These services assist in resolving problems informally and function as alternatives to more formal court proceedings.
The Act provides the framework for the statewide system. In addition, it specified that a limited-term Dispute Resolution Advisory Council adopt temporary guidelines and propose regulations which would supplement the provisions of the Act. The Council completed its responsibilities and terminated, as required, on January 1, Its proposed regulations were subsequently approved by the California Office of Administrative Law, effective October 1, The department's responsibilities include reviewing and modifying the rules and regulations, providing technical assistance to counties and programs, monitoring local government and program compliance with the Act and the Regulations, and evaluating the services of the programs and their impact on the state justice system.
Business and Professions Code Sections It is the intent of the Legislature to permit counties to accomplish all of the following:. 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.
Funded programs; county grants to establish and continue programs; intercounty regional programs. A program shall not be eligible for funding under this chapter unless it meets all of the following requirements:.
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:. Agreement resolving dispute; enforceability and admissibility as evidence; statute of limitations. Proceedings subject to Chapter 2 commencing with section of Division 9 of the Evidence Code.
Notwithstanding the express application of Chapter 2 commencing with section 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 of Division 9 of the Evidence Code. Note: Evidence Code section Each program shall maintain those statistical records required by Section Reference: Sections , Each Grantee shall maintain an ongoing public relations and information effort to promote its services and resources.
These public relations efforts may include newspaper, radio, television and other public media contacts as well as written brochures and handouts.
Reference: Sections , , Within ninety days of each calendar year, the Board of Supervisors or its designee shall provide the Department of Consumer Affairs with a report of its activities pursuant to the Act during the previous calendar year. The report shall include the following:. The Board of Supervisors or its designee shall comply with all standards set forth in the Act and these Regulations.
The out-of-pocket costs to both the disputant and respondent are applied on a sliding fee basis, as opposed to paying attorney fees and civil filing fees that may include a filing fee, motion fee s , and an answer fee. In addition to the savings in time and expenses for the disputant and respondent, there is no need for disputants to take valuable time off from work in order to get their conflicts resolved.
Mediations have the flexibility to be scheduled during evenings or weekends at a time and place that is mutually convenient for all parties.
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