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