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