| In 1986, the California legislature | | | | basis'. The violation of legislative |
| enacted a statute to fund a Dispute | | | | intent could hardly be clearer. Los |
| Resolution Program. In enacting this | | | | Angeles County specifically limits |
| statute the Legislature recognized that | | | | funding for Small Claims and ignores the |
| the resolution of many disputes is | | | | statutory purpose of racial, ethnic or |
| unnecessarily costly, time consuming and | | | | socioeconomic diversity. By diverting |
| complex when achieved through formal | | | | funds to already well-funded unlimited |
| court proceedings. As a result, the | | | | jurisdiction cases, the County |
| legislature intended for the funds to be | | | | circumvents the statutory purpose by |
| directed to the community to develop an | | | | failing adequately to provide funding to |
| informal resolution of disputes in a | | | | programs for Small Claims and limited |
| non-coercive dispute resolution forum, | | | | jurisdiction cases that involve disputes |
| outside of the court system. The intent | | | | "between neighbors, domestic disputes |
| of the legislature has been lost and the | | | | and consumer-merchant disputes,' as |
| funds are being directed toward court | | | | specified by legislative intent. |
| programs that favor the economically | | | | Thus, the programs intended by the |
| well off, specifically claims over | | | | legislature to benefit from the funds, |
| $25,000, who have the financial | | | | namely community programs involving |
| resources to maintain costly and | | | | disputes that have not already entered |
| protracted litigation. The Dispute | | | | the court system and similar |
| Resolution Program Act must be amended | | | | court-connected programs involving |
| to restore the legislature's intent that | | | | socio-economically challenged persons |
| the funds be used for Community programs | | | | involved in low value limited |
| for 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 |
| purpose of the program is to seek | | | | prosperous, who receive dispute |
| alternatives to costly legal process, by | | | | resolution services free of charge while |
| funding community-based dispute | | | | paying handsomely for all other aspects |
| resolution programs reflective of the | | | | of their 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 |
| a sliding scale basis, but without cost | | | | and uphold the statutory purpose. |
| to indigents. | | | | Business and Professions Code section |
| However, some of the counties have lost | | | | 467.2 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 | | | | system, and limited jurisdiction and |
| priority to unlimited jurisdiction civil | | | | small claims cases. |
| claims (over $25,000) by providing free | | | | By incorporating the Legislative intent |
| services indiscriminately to all comers | | | | of diversity of community volunteers and |
| provided they are already in the | | | | enumerating the specific disputes that |
| litigation system. The Los Angeles court | | | | can be eligible for Dispute Resolution |
| connected program specifically | | | | Funds, the Legislature will finally |
| discriminates against Small Claims and | | | | create what it originally envisioned: a |
| low value 'limited jurisdiction' cases | | | | funded community-based dispute |
| (under $25,000 cases), by giving them | | | | resolution forum for all persons of all |
| the least priority and fails altogether | | | | ethnic, racial and socioeconomic |
| to provide services 'on a sliding scale | | | | backgrounds. |