Amended  IN  Assembly  April 19, 2023
Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 924

Introduced by Assembly Member Gabriel

February 14, 2023

An act to add Title 11.5 (commencing with Section 1770) to Part 3 of the Code of Civil Procedure, relating to alternative dispute resolutions.


LEGISLATIVE COUNSEL'S DIGEST


AB 924, as amended, Gabriel. Alternative dispute resolution: complaints.
The California Constitution provides that on stipulation of the parties litigant the court may order a cause to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause. Existing law expresses the findings and declarations of the Legislature that the peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution, and that many disputes can be resolved in a fair and equitable manner through processes that are less formal than litigation culminating in a trial. Existing law requires specified parties to engage in mediation or arbitration prior to filing an action in specified civil proceedings.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act provides for the investigation and discipline of members of the State Bar. The California Rules of Professional Conduct govern attorney conflicts of interest.
This bill would require a dispute resolution neutral, as defined, who, in the course of presiding over an alternative dispute resolution, as defined, proceeding, or an alternative dispute resolution, as defined, provider who receives a complaint against them the dispute resolution neutral alleging that they violated a provision of any applicable rule of conduct conduct, as specified, in the course of presiding over an alternative dispute resolution proceeding to submit a report the complaint to the State Bar of California. The bill would require the complaint to include a summary of the complaint, a copy of the complaint, and the name and contact information of any attorney participating in the proceeding. The bill would require the dispute resolution neutral to submit the report to the State Bar of California by mail within 30 days of receiving the complaint. California, as specified, and provide the complainant with written information regarding available procedures for notifying the State Bar of California, as specified. If the complaint arises from a mediation or arbitration, the bill would require that written information to include a notice with specified language.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Title 11.5 (commencing with Section 1770) is added to Part 3 of the Code of Civil Procedure, to read:

TITLE 11.5. Alternative Dispute Resolution Complaints

1770.
 (a) For purposes of this title, the following definitions apply:
(1) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process.
(2) “Dispute resolution neutral” means an arbitrator, mediator, temporary judge appointed under Section 21 of Article VI of the California Constitution, referee appointed under Section 638 or 639, special master, neutral evaluator, settlement officer, or settlement facilitator.
(b) A dispute resolution neutral who, in the course of presiding over an alternative dispute resolution proceeding, or an alternative dispute resolution provider who receives a complaint against them the dispute resolution neutral alleging that they violated a provision of any applicable rule of conduct as provided in the American Bar Association’s Model Standards of Conduct for Mediators, Family Mediation Standards, or Code of Ethics for Commercial Arbitrators or Judicial Council Ethical Rules in the course of presiding over an alternative dispute resolution proceeding shall report the complaint to the State Bar of California. do both of the following:

(c)A report made pursuant to subdivision (b) shall include

(1) Within 30 days of receiving the complaint, submit a report to the State Bar of California by mail that includes all of the following:

(1)

(A) A summary of the complaint.

(2)

(B) A copy of the complaint.

(3)

(C) The name and contact information of any attorney participating in the proceeding.
(2) (A) Within five business days of receiving the complaint, provide the complainant with written information regarding available procedures for notifying the State Bar of California that includes, but is not limited to, information on how to file a complaint with the State Bar of California.
(B) If the complaint arises from a mediation or arbitration, the written information required by subparagraph (A) shall also include a notice with the following language: “Notwithstanding the confidentiality otherwise attendant to mediation or arbitration, if a party to an arbitration or mediation believes that a mediator or arbitrator has violated any rule of professional conduct, the party should report their complaint directly to the State Bar of California.”

(d)A dispute resolution neutral shall submit the report required by subdivision (b) to the State Bar of California by mail within 30 days of receiving the complaint.