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