Lost in Translation: California Community Dispute Resolution Programs Denied Funding
In 1986, the California legislature enacted a statute to fund a Dispute Resolution Program. In enacting this statute the Legislature recognized that the resolution of many disputes is unnecessarily costly, time consuming and complex when achieved through formal court proceedings. As a result, the legislature intended for the funds to be directed to the community to develop an informal resolution of disputes in a non-coercive dispute resolution forum, outside of the court system. The intent of the legislature has been lost and the funds are being directed toward court programs that favor the economically well off, specifically claims over $25,000, who have the financial resources to maintain costly and protracted litigation. The Dispute Resolution Program Act must be amended to restore the legislature's intent that the funds be used for Community programs for persons of all ethnic, racial and socioeconomic backgrounds. The Legislature states in Business and Professions Code section 465 that the purpose of the program is to seek alternatives to costly legal process, by funding community-based dispute resolution programs reflective of the diversity of the communities to be served, funded partly by public funding and partly by users of these services on a sliding scale basis, but without cost to indigents.
However, some of the counties have lost sight of the Legislature's intent and have misdirected the funds away from under funded community programs to the detriment of the diverse communities and the socio-economically challenged. Some counties have chosen instead to fund court-connected programs, particularly claims over $25,000 that can generally only be accessed by economically sufficient persons.
For example, Los Angeles County ignores the legislative intent by giving priority to unlimited jurisdiction civil claims (over $25,000) by providing free services indiscriminately to all comers provided they are already in the litigation system. The Los Angeles court connected program specifically discriminates against Small Claims and low value