Dispute Resolution: Law And History

The California Dispute Resolution Programs Act of 1986 provides for the local establishment and funding of informal dispute resolution programs. The goal of the Act is the creation of a state-wide system of locally-funded programs that will provide dispute resolution services to county residents. The Act's statutory provisions are codified at California Business and Professions Code '' 465-471.5.

The California Dispute Resolution Programs Act of 1986

The Act allows counties to allocate up to $8 from filing fees in superior, municipal, and justice court actions to generate new revenues for these local programs. It also provides the framework for the statewide system and specifies that a limited-term Dispute Resolution Advisory Council should adopt temporary guidelines and propose regulations to supplement the Act's provisions.

The California Department of Consumer Affairs is the state oversight agency designated by the Act. 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.

The Act's statutory provisions (codified at California Business and Professions Code '' 465-471.5) and its Regulations (contained at California Code of Regulations, Title 16, Chapter 36) now operate in tandem to govern the implementation activities by counties and the services provided by local dispute resolution programs.

The Act covers various aspects of dispute resolution programs, including:

• Legislative Purpose
• Definitions
• Establishment and Administration of Programs
• Funded Programs
• Application Procedures
• Payment Procedures
• Rules and Regulations

The Act's framework for a statewide system

The Dispute Resolution Programs Act of 1986 (DRPA) provides the framework for a statewide system of locally-funded programs that offer dispute resolution services to county residents. These services are primarily conciliation and mediation, which are designed to help resolve problems informally and function as alternatives to more formal court proceedings.

Counties that choose to offer these services are authorised to allocate up to $8 from filing fees in superior, municipal, and justice court actions to fund these local programs. The Act specifies that a limited-term Dispute Resolution Advisory Council (DRAC) should adopt temporary guidelines and propose regulations to supplement the provisions of the Act. The DRAC was required to complete its duties and terminate by January 1, 1989, with its proposed regulations approved by the California Office of Administrative Law, effective October 1, 1989.

The California Department of Consumer Affairs is the designated state oversight agency responsible for reviewing and modifying rules and regulations, providing technical assistance to counties and programs, monitoring local government and program compliance with the Act and Regulations, and evaluating the services of the programs and their impact on the state justice system.

The Act's statutory provisions are codified at California Business and Professions Code, and its Regulations are contained in the California Code of Regulations. These provisions and regulations now operate in tandem to govern the implementation activities by counties and the services provided by local dispute resolution programs.

The role of the Dispute Resolution Advisory Council

The California Dispute Resolution Programs Act of 1986 (SB 2064-Garamendi) provides for the local establishment and funding of informal dispute resolution programs. The Act's goal is to create a statewide system of locally-funded programs offering dispute resolution services (primarily conciliation and mediation) to county residents.

The Act also specifies the formation of a limited-term Dispute Resolution Advisory Council, which is tasked with proposing regulations to supplement the Act's provisions. The Council consisted of seven persons, five appointed by the Governor, one by the Senate Rules Committee, and one by the Speaker of the Assembly. The Council was required to reflect the racial, ethnic, sexual, and geographical diversity of California. Its responsibilities included:

• Adopting temporary guidelines and proposing regulations
• Reviewing and modifying rules and regulations
• Providing technical assistance to counties and programs
• Monitoring local government and program compliance with the Act and its Regulations
• Evaluating the services of the programs and their impact on the state justice system

The Council completed its duties and terminated on January 1, 1989, as mandated. Its proposed regulations were approved by the California Office of Administrative Law and became effective on October 1, 1989.

Now, I will outline the role of the Australian Dispute Resolution Advisory Council (ADRAC), which is the successor to the National Alternative Dispute Resolution Advisory Council (NADRAC).

The Australian Dispute Resolution Advisory Council (ADRAC) is an independent council of 11 individuals. It aims to provide thought leadership and promote better dispute resolution practices in all areas of Australian life. ADRAC's role is to:

• Explore, research, and publish resources on dispute resolution for the community
• Provide a voice to the government for the ADR community
• Advise government agencies on alternative dispute resolution (ADR) issues and policies

ADRAC's predecessor, NADRAC, was the ADR advisor to the Attorney-General of the Commonwealth of Australia from 1995 to 2011. NADRAC examined all aspects of ADR and published extensively in the field of dispute management.

In summary, the role of the Dispute Resolution Advisory Council, as outlined in the California Dispute Resolution Programs Act and in the context of ADRAC and NADRAC, is to provide expertise, guidance, and resources on dispute resolution practices to local governments, programs, and communities.

The Act's statutory provisions and regulations

The Dispute Resolution Programs Act of 1986:

The Dispute Resolution Programs Act of 1986 (DRPA) provides for the local establishment and funding of informal dispute resolution programs. The goal is to create a statewide system of locally funded programs offering dispute resolution services (primarily conciliation and mediation) to county residents. These services are designed to assist in resolving problems informally and function as alternatives to more formal court proceedings.

The Act's statutory provisions are codified at California Business and Professions Code '' 465-471.5. Its regulations are contained in the California Code of Regulations, Title 16, Chapter 36. These provisions and regulations govern the implementation activities by counties and the services provided by local dispute resolution programs.

Eligibility and Application Requirements:

The Act and its regulations set out eligibility requirements for funding, including organizational status, primary purpose, and community support. Applicants must comply with all relevant provisions and submit evidence of compliance to the Board of Supervisors or its designee.

Grantee Operations, Training, and Service Standards:

Grantees are required to ensure that dispute resolution services are provided by neutral persons who have completed a training program. The training program must include a minimum of 25 hours of classroom and practical training, covering topics such as the history of dispute resolution, communication skills, problem identification, techniques for achieving agreement, and administrative and intake skills.

Grantee Management, Accounting, and Reporting Requirements:

Grantees are subject to various management, accounting, and reporting requirements. They must submit yearly fiscal reports, maintain proper record-keeping practices, and conduct follow-up surveys of disputants who have used their services.

County Use of Fees and Grant Management:

Counties are required to create a separate interest-bearing account called the Dispute Resolution Program Account for the deposit of revenues generated under the Act. The Act also sets out requirements for the use of these funds, including that they must be used only to fund services authorized by the Act and its regulations.

Local Administrative Policies and Practices:

The Board of Supervisors or its designee must comply with all standards set forth in the Act and its regulations. They are prohibited from instituting any policies, practices, or procedures that conflict with the Act, its regulations, or the policies and principles expressed in the Act's statement of legislative intent.

The goal of dispute resolution programs

Dispute resolution programs offer a range of processes that help disputants reach a consensus. These processes can be divided into two major types:

• Adjudicative processes, such as litigation or arbitration, where a judge, jury, or arbitrator determines the outcome.
• Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, where the parties work together to reach an agreement.

The specific goals of dispute resolution programs can vary depending on the type of process used. For example, in mediation, a neutral third party helps disputants come to a consensus on their own by exploring the interests underlying their positions. On the other hand, in arbitration, a neutral third party acts as a judge and renders a binding decision after hearing both sides argue their case and present relevant evidence.

Overall, dispute resolution programs aim to provide efficient, effective, and flexible alternatives to formal litigation, improving access to justice and reducing costs for disputants.

Frequently asked questions