SECTIONS 465-465.5 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 465-465.5

465. The Legislature hereby finds and declares all of the
following:
(a) The resolution of many disputes can be unnecessarily costly,
time-consuming, and complex when achieved through formal court
proceedings where the parties are adversaries and are subjected to
formalized procedures.
(b) To achieve more effective and efficient dispute resolution in
a complex society, greater use of alternatives to the courts, such as
mediation, conciliation, and arbitration should be encouraged.
Community dispute resolution programs and increased use of other
alternatives to the formal judicial system may offer less threatening
and more flexible forums for persons of all ethnic, racial, and
socioeconomic backgrounds. These alternatives, among other things,
can assist in the resolution of disputes between neighbors, some
domestic disputes, consumer-merchant disputes, and other kinds of
disputes in which the parties have continuing relationships. A
noncoercive dispute resolution forum in the community may also
provide a valuable prevention and early intervention problem-solving
resource to the community.
(c) Local resources, including volunteers reflective of the
diversity of the community and available public buildings should be
utilized to achieve more accessible, cost-effective resolutions of
disputes. Additional financial resources are needed to expand,
stabilize, and improve existing programs and entities which sponsor
alternative dispute resolution.
(d) Courts, prosecuting authorities, law enforcement agencies, and
administrative agencies should encourage greater use of alternative
dispute resolution techniques whenever the administration of justice
will be improved.
(e) Counties should consider increasing the use of alternative
dispute resolution in their operations as plans for court reform are
developed and implemented.
(f) The Judicial Council should consider, in redrafting or
updating any of the official pleading forms used in the trial courts
of this state, the inclusion of information on options for
alternative dispute resolution.

465.5. It is the intent of the Legislature to permit counties to
accomplish all of the following:
(a) Encouragement and support of the development and use of
alternative dispute resolution techniques.
(b) Encouragement and support of community participation in the
development, administration, and oversight of local programs designed
to facilitate the informal resolution of disputes among members of
the community.
(c) Development of structures for dispute resolution that may
serve as models for resolution programs in other communities.
(d) Education of communities with regard to the availability and
benefits of alternative dispute resolution techniques.
(e) Encouragement of courts, prosecuting authorities, public
defenders, law enforcement agencies, and administrative agencies to
work in cooperation with, and to make referrals to, dispute
resolution programs.
At the time that the state assumes the responsibility for the
funding of California trial courts, consideration shall be given to
the Dispute Resolution Advisory Council's evaluation of the
effectiveness of alternative dispute resolution programs and the
feasibility of the operation of a statewide program of grants, with
the intention of funding alternative dispute resolution programs on a
statewide basis.