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Lost In Translation: California Community Dispute Resolution Programs Denied Funding

In 1986, the California legislature services 'on a sliding scale basis'. The
enacted a statute to fund a Dispute violation of legislative intent could
Resolution Program. In enacting this hardly be clearer. Los Angeles County
statute the Legislature recognized that specifically limits funding for Small
the resolution of many disputes is Claims and ignores the statutory purpose
unnecessarily costly, time consuming and of racial, ethnic or socioeconomic
complex when achieved through formal diversity. By diverting funds to already
court proceedings. As a result, the well-funded unlimited jurisdiction cases,
legislature intended for the funds to be the County circumvents the statutory
directed to the community to develop an purpose by failing adequately to provide
informal resolution of disputes in a funding to programs for Small Claims and
non-coercive dispute resolution forum, limited jurisdiction cases that involve
outside of the court system. The intent disputes "between neighbors, domestic
of the legislature has been lost and the disputes and consumer-merchant disputes,'
funds are being directed toward court as specified by legislative intent.
programs that favor the economically well Thus, the programs intended by the
off, specifically claims over $25,000, legislature to benefit from the funds,
who have the financial resources to namely community programs involving
maintain costly and protracted disputes that have not already entered
litigation. The Dispute Resolution the court system and similar
Program Act must be amended to restore court-connected programs involving
the legislature's intent that the funds socio-economically challenged persons
be used for Community programs for involved in low value limited
persons of all ethnic, racial and jurisdiction and Small Claims disputes,
socioeconomic backgrounds. The and Youth Peer Programs, are suffering
Legislature states in Business and because funds are being diverted to
Professions Code section 465 that the programs serving economically prosperous,
purpose of the program is to seek who receive dispute resolution services
alternatives to costly legal process, by free of charge while paying handsomely
funding community-based dispute for all other aspects of their
resolution programs reflective of the litigation.
diversity of the communities to be An enumeration of specific matters that
served, funded partly by public funding may be referred to government-funded
and partly by users of these services on programs will prevent misuse of funds and
a sliding scale basis, but without cost uphold the statutory purpose. Business
to indigents. and Professions Code section 467.2
However, some of the counties have lost outlining the county's eligibility
sight of the Legislature's intent and requirements for funding should be
have misdirected the funds away from revised as follows: (b) Provision of
under funded community programs to the neutral person, reflective of the
detriment of the diverse communities and diversity of the community in which they
the socio-economically challenged. Some serve, adequately trained in conflict
counties have chosen instead to fund resolution techniques as required by the
court-connected programs, particularly rules....... (c) Provision of dispute
claims over $25,000 that can generally resolution programs on a sliding scale
only be accessed by economically fee-paying basis, and without cost to
sufficient persons. indigents, with respect to any disputes
For example, Los Angeles County ignores that have not yet entered the court
the legislative intent by giving priority system, and limited jurisdiction and
to unlimited jurisdiction civil claims small claims cases.
(over $25,000) by providing free services By incorporating the Legislative intent
indiscriminately to all comers provided of diversity of community volunteers and
they are already in the litigation enumerating the specific disputes that
system. The Los Angeles court connected can be eligible for Dispute Resolution
program specifically discriminates Funds, the Legislature will finally
against Small Claims and low value create what it originally envisioned: a
'limited jurisdiction' cases (under funded community-based dispute resolution
$25,000 cases), by giving them the least forum for all persons of all ethnic,
priority and fails altogether to provide racial and socioeconomic backgrounds.




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