Alternative ways to resolve a conflict


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Lost In Translation: California Community Dispute Resolution Programs Denied Funding

In 1986, the California legislaturebasis'. The violation of legislative
enacted a statute to fund a Disputeintent could hardly be clearer. Los
Resolution Program. In enacting thisAngeles County specifically limits
statute the Legislature recognized thatfunding for Small Claims and ignores the
the resolution of many disputes isstatutory purpose of racial, ethnic or
unnecessarily costly, time consuming andsocioeconomic diversity. By diverting
complex when achieved through formalfunds to already well-funded unlimited
court proceedings. As a result, thejurisdiction cases, the County
legislature intended for the funds to becircumvents the statutory purpose by
directed to the community to develop anfailing adequately to provide funding to
informal resolution of disputes in aprograms 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 theand consumer-merchant disputes,' as
funds are being directed toward courtspecified by legislative intent.
programs that favor the economicallyThus, the programs intended by the
well off, specifically claims overlegislature to benefit from the funds,
$25,000, who have the financialnamely community programs involving
resources to maintain costly anddisputes that have not already entered
protracted litigation. The Disputethe court system and similar
Resolution Program Act must be amendedcourt-connected programs involving
to restore the legislature's intent thatsocio-economically challenged persons
the funds be used for Community programsinvolved in low value limited
for persons of all ethnic, racial andjurisdiction and Small Claims disputes,
socioeconomic backgrounds. Theand Youth Peer Programs, are suffering
Legislature states in Business andbecause funds are being diverted to
Professions Code section 465 that theprograms serving economically
purpose of the program is to seekprosperous, who receive dispute
alternatives to costly legal process, byresolution services free of charge while
funding community-based disputepaying handsomely for all other aspects
resolution programs reflective of theof their litigation.
diversity of the communities to beAn enumeration of specific matters that
served, funded partly by public fundingmay be referred to government-funded
and partly by users of these services onprograms will prevent misuse of funds
a sliding scale basis, but without costand uphold the statutory purpose.
to indigents.Business and Professions Code section
However, some of the counties have lost467.2 outlining the county's eligibility
sight of the Legislature's intent andrequirements for funding should be
have misdirected the funds away fromrevised as follows: (b) Provision of
under funded community programs to theneutral person, reflective of the
detriment of the diverse communities anddiversity of the community in which they
the socio-economically challenged. Someserve, adequately trained in conflict
counties have chosen instead to fundresolution techniques as required by the
court-connected programs, particularlyrules....... (c) Provision of dispute
claims over $25,000 that can generallyresolution programs on a sliding scale
only be accessed by economicallyfee-paying basis, and without cost to
sufficient persons.indigents, with respect to any disputes
For example, Los Angeles County ignoresthat have not yet entered the court
the legislative intent by givingsystem, and limited jurisdiction and
priority to unlimited jurisdiction civilsmall claims cases.
claims (over $25,000) by providing freeBy incorporating the Legislative intent
services indiscriminately to all comersof diversity of community volunteers and
provided they are already in theenumerating the specific disputes that
litigation system. The Los Angeles courtcan be eligible for Dispute Resolution
connected program specificallyFunds, the Legislature will finally
discriminates against Small Claims andcreate what it originally envisioned: a
low value 'limited jurisdiction' casesfunded community-based dispute
(under $25,000 cases), by giving themresolution forum for all persons of all
the least priority and fails altogetherethnic, racial and socioeconomic
to provide services 'on a sliding scalebackgrounds.



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