SECTIONS 11420.10-11420.30 - California Statutes

GOVERNMENT CODE

SECTION 11420.10-11420.30

11420.10. (a) An agency, with the consent of all the parties, may
refer a dispute that is the subject of an adjudicative proceeding for
resolution by any of the following means:
(1) Mediation by a neutral mediator.
(2) Binding arbitration by a neutral arbitrator. An award in a
binding arbitration is subject to judicial review in the manner
provided in Chapter 4 (commencing with Section 1285) of Title 9 of
Part 3 of the Code of Civil Procedure.
(3) Nonbinding arbitration by a neutral arbitrator. The arbitrator'
s decision in a nonbinding arbitration is final unless within 30 days
after the arbitrator delivers the award to the agency head a party
requests that the agency conduct a de novo adjudicative proceeding.
If the decision in the de novo proceeding is not more favorable to
the party electing the de novo proceeding, the party shall pay the
costs and fees specified in Section 1141.21 of the Code of Civil
Procedure insofar as applicable in the adjudicative proceeding.
(b) If another statute requires mediation or arbitration in an
adjudicative proceeding, that statute prevails over this section.
(c) This section does not apply in an adjudicative proceeding to
the extent an agency by regulation provides that this section is not
applicable in a proceeding of the agency.

11420.20. (a) The Office of Administrative Hearings shall adopt and
promulgate model regulations for alternative dispute resolution
under this article. The model regulations govern alternative dispute
resolution by an agency under this article, except to the extent the
agency by regulation provides inconsistent rules or provides that the
model regulations are not applicable in a proceeding of the agency.
(b) The model regulations shall include provisions for selection
and compensation of a mediator or arbitrator, qualifications of a
mediator or arbitrator, and confidentiality of the mediation or
arbitration proceeding.

11420.30. Notwithstanding any other provision of law, a
communication made in alternative dispute resolution under this
article is protected to the following extent:
(a) Anything said, any admission made, and any document prepared
in the course of, or pursuant to, mediation under this article is a
confidential communication, and a party to the mediation has a
privilege to refuse to disclose and to prevent another from
disclosing the communication, whether in an adjudicative proceeding,
civil action, or other proceeding. This subdivision does not limit
the admissibility of evidence if all parties to the proceedings
consent.
(b) No reference to nonbinding arbitration proceedings, a decision
of the arbitrator that is rejected by a party's request for a de
novo adjudicative proceeding, the evidence produced, or any other
aspect of the arbitration may be made in an adjudicative proceeding
or civil action, whether as affirmative evidence, by way of
impeachment, or for any other purpose.
(c) No mediator or arbitrator is competent to testify in a
subsequent administrative or civil proceeding as to any statement,
conduct, decision, or order occurring at, or in conjunction with, the
alternative dispute resolution.
(d) Evidence otherwise admissible outside of alternative dispute
resolution under this article is not inadmissible or protected from
disclosure solely by reason of its introduction or use in alternative
dispute resolution under this article.