SECTIONS 467-467.7 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 467-467.7

467. (a) There is in the Division of Consumer Services of the
Department of Consumer Affairs a Dispute Resolution Advisory Council.
The advisory council shall complete the duties required by this
chapter no later than January 1, 1989.
(b) The advisory council shall consist of seven persons, five of
whom shall be appointed by the Governor. One member shall be
appointed by the Senate Rules Committee, and one member shall be
appointed by the Speaker of the Assembly. At least four of the
persons appointed to the advisory council shall be active members of
the State Bar of California, and at least four persons appointed to
the advisory council shall have a minimum of two years of direct
experience in utilizing dispute resolution techniques. The members of
the advisory council shall reflect the racial, ethnic, sexual, and
geographic diversity of the State of California.
(c) The members of the advisory council shall not receive a salary
for their services but shall be reimbursed for their actual and
necessary travel and other expenses incurred in the performance of
their duties.

467.1. (a) A program funded pursuant to this chapter shall be
operated pursuant to contract with the county and shall comply with
all of the requirements of this chapter and the rules and regulations
of the advisory council.
(b) Counties may establish a program of grants to public entities
and nonpartisan nonprofit corporations for the establishment and
continuance of programs to be operated under the requirements of this
chapter and the standards developed by the advisory council. The
board of supervisors of a county in which, because of the county's
size, the distribution authorized by Section 470.5 is insufficient to
establish a county program may enter into an agreement with the
board of supervisors of one or more other such counties to establish
a program authorized by this chapter on a regional basis.

467.2. A program shall not be eligible for funding under this
chapter unless it meets all of the following requirements:
(a) Compliance with this chapter and the applicable rules and
regulations of the advisory council.
(b) Provision of neutral persons adequately trained in conflict
resolution techniques as required by the rules and regulations
promulgated by the advisory council pursuant to Section 471.
(c) Provision of dispute resolution, on a sliding scale basis, and
without cost to indigents.
(d) Provision that, upon consent of the parties, a written
agreement or an award resolving a dispute will be issued setting out
a settlement of the issues involved in the dispute and the future
responsibilities of each party.
(e) Provision of neutral procedures applicable equally to all
participants without any special benefit or consideration given to
persons or entities providing funding for the programs.
(f) Provision that participation in the program is voluntary and
that the parties are not coerced to enter dispute resolution.
(g) Provision of alternative dispute resolution is the primary
purpose of the program.
(h) Programs operated by counties that receive funding under this
chapter shall be operated primarily for the purposes of dispute
resolution, consistent with the purposes of this chapter.

467.3. Programs funded pursuant to this chapter shall provide
persons indicating an intention to utilize the dispute resolution
process with a written statement prior to the dispute resolution
proceeding, in language easy to read and understand, stating all of
the following:
(a) The nature of the dispute.
(b) The nature of the dispute resolution process.
(c) The rights and obligations of the parties, including, but not
limited to, all of the following:
(1) The right to call and examine witnesses.
(2) The right of the parties to be accompanied by counsel, who may
participate as permitted under the rules and procedures of the
program.
(d) The procedures under which the dispute resolution will be
conducted.
(e) If the parties enter into arbitration, whether the dispute
resolution process will be binding.

467.4. (a) An agreement resolving a dispute entered into with the
assistance of a program shall not be enforceable in a court nor shall
it be admissible as evidence in any judicial or administrative
proceeding, unless the consent of the parties or the agreement
includes a provision that clearly states the intention of the parties
that the agreement or any resulting award shall be so enforceable or
admissible as evidence.
(b) The parties may agree in writing to toll the applicable
statute of limitations during the pendency of the dispute resolution
process.

467.5. Notwithstanding the express application of Chapter 2
(commencing with Section 1115) of Division 9 of the Evidence Code to
mediations, all proceedings conducted by a program funded pursuant to
this chapter, including, but not limited to, arbitrations and
conciliations, are subject to Chapter 2 (commencing with Section
1115) of Division 9 of the Evidence Code.

467.6. Each program shall maintain those statistical records
required by Section 471.5, and as may be required by the county. The
records shall maintain the confidentiality and anonymity of the
parties.

467.7. (a) Unless the parties have agreed to a binding award,
nothing in this chapter shall be construed to prohibit any person who
voluntarily enters the dispute resolution process from revoking his
or her consent, withdrawing from dispute resolution, and seeking
judicial or administrative redress.
(b) In cases in which a criminal complaint has been filed by a
prosecutor, other than for an infraction, the advice of counsel shall
be obtained before any dispute resolution process is initiated.
Nothing in this subdivision shall be construed to preclude a
defendant from knowingly and voluntarily waiving the right to
counsel. A defendant who indicates a desire to waive the right to
counsel shall be encouraged to consult with the public defender or
private counsel before waiving that right.