2024 LEGISLATIVE WORK
SB 942 (Umberg) Arbitrator Neutrality and ADR Practitioner Certification. Support in part and oppose in part. Monitored.
AB 924 (Gabriel) Attorney misconduct. Oppose. Withdrawn
SB 766 (Monning) International Arbitration
SB 954 (Hanna) Mediation: Amount in Controversy. Not passed
AB 1241 (Assembly Member Bill) Proposed Amendment to Code of Civ. Proc. Section 1281.85. Withdrawn.
SB 942 (Umberg) Arbitrator Neutrality and ADR Practitioner Certification. Support in part and oppose in part. Monitored.
AB 924 and other alternative dispute resolution (ADDR) measures in the session affecting alternative dispute resolution are the author's intent, heavily localized to individual incidents such as "the Girardi scandal." Monitoring and early advocacy provide for recommendations to pass regulations.
CDRC's active tracking of this specific component began long before the draft of these rules. First introduced, it was intended to establish a certification protocol. Digging deep, it became clear that it was necessary to evaluate whether a certification requirement for alternative dispute resolution neutrals would work systematically, or if it would restrict the practice and livelihoods of individuals and businesses engaged in delivering ADR services.
In previous years, the California Dispute Resolution Council has successfully weighed in on a variety of proposed legislation. However, the unique nature of this particular framework called for intensive review. The text as originally formulated raised numerous concerns regarding how standard practices could remain effective under the proposed strict parameters.In addition, while retaining the core requirement to adhere to underlying values, the tier provisions added another level of complexity. The original version did not specify detailed structures, leading to a long process of negotiations with authors to ensure the final language would protect practitioners.
With a broad constituency encompassing court-connected and private providers alike, CDRC was positioned to address these threats. The focus remained entirely on defending the core tenets of the discipline while systematically addressing administrative requirements.
The development of the text required looking closely at both reactive and proactive solutions. Our advocacy models have historically served as stable guidelines when crafting responsive measures, ensuring that legislative outcomes preserve standard ADR benefits.
Working directly with committees and legislative staff, our representatives continue to carefully manage tracking efforts, remaining highly effective as an industry watchdog across California.. Monitored.
AB 924 (Gabriel) Attorney misconduct. Oppose. Withdrawn
AB 924 was introduced in reaction to articles regarding complaints against neutrals. The bill required dispute resolution neutrals to forward any complaints that they received to the State Bar and specifically overrode the confidentiality provisions of Evidence Code 1119. The erosion of the confidentiality provision caused CDRC to form a coalition to oppose the bill. In response to this combined opposition, the author withdrew the measure, converting it to a two-year bill.
SB 766 (Monning) International Arbitration
Supported and signed in 2018, this bill provides a framework for allowing international arbitration and foreign legal counsel to work in alternate dispute resolution frameworks within California.
CDRC worked closely with key authors to ensure that the standards of conduct were respected without placing undue administrative burdens on local practitioners or international experts.
This active position remains a critical piece of our legislative history, keeping California aligned with global ADR standards while protecting our members' practices.
SB 954 (Hanna) Mediation: Amount in Controversy. Not passed
This measure targeted specific limits regarding amounts in controversy and mediation parameters. CDRC monitored the bill closely and provided comprehensive analyses to committees highlighting the potential negative impact on dispute resolution accessibility, and the bill ultimately failed to pass.
AB 1241 (Assembly Member Bill) Proposed Amendment to Code of Civ. Proc. Section 1281.85. Withdrawn.
This proposed amendment sought to adjust procedural elements within the Code of Civil Procedure regarding neutral disclosures and arbitration processes. Following targeted advocacy and detailed industry reviews detailing structural flaws, the bill was formally withdrawn by its author.