Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 924Introduced by Assembly Member GabrielFebruary 14, 2023 An act to add Title 11.5 (commencing with Section 1770) to Part 3 of the Code of Civil Procedure, relating to civil actions. alternative dispute resolutions.LEGISLATIVE COUNSEL'S DIGESTAB 924, as amended, Gabriel. Civil actions: mediators, arbitrations, and settlements. Alternative dispute resolution: complaints.ExistingThe 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 express the intent of the Legislature to enact legislation related to mediators, arbitrations, and settlements in civil suits. require a dispute resolution neutral, as defined, who, in the course of presiding over an alternative dispute resolution, as defined, proceeding, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct to 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe 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 Complaints1770. (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, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct shall report the complaint to the State Bar of California.(c) A report made pursuant to subdivision (b) shall include all of the following:(1) A summary of the complaint.(2) A copy of the complaint.(3) The name and contact information of any attorney participating in the proceeding.(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.SECTION 1.It is the intent of the Legislature to enact legislation related to mediators, arbitrations, and settlements in civil suits
Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 924Introduced by Assembly Member GabrielFebruary 14, 2023 An act to add Title 11.5 (commencing with Section 1770) to Part 3 of the Code of Civil Procedure, relating to civil actions. alternative dispute resolutions.LEGISLATIVE COUNSEL'S DIGESTAB 924, as amended, Gabriel. Civil actions: mediators, arbitrations, and settlements. Alternative dispute resolution: complaints.ExistingThe 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 express the intent of the Legislature to enact legislation related to mediators, arbitrations, and settlements in civil suits. require a dispute resolution neutral, as defined, who, in the course of presiding over an alternative dispute resolution, as defined, proceeding, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct to 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2023
Amended IN Assembly March 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 924
Introduced by Assembly Member GabrielFebruary 14, 2023
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 civil actions. alternative dispute resolutions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 924, as amended, Gabriel. Civil actions: mediators, arbitrations, and settlements. Alternative dispute resolution: complaints.
ExistingThe 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 express the intent of the Legislature to enact legislation related to mediators, arbitrations, and settlements in civil suits. require a dispute resolution neutral, as defined, who, in the course of presiding over an alternative dispute resolution, as defined, proceeding, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct to 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.
Existing
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 express the intent of the Legislature to enact legislation related to mediators, arbitrations, and settlements in civil suits. require a dispute resolution neutral, as defined, who, in the course of presiding over an alternative dispute resolution, as defined, proceeding, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct to 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.
## Digest Key
## Bill Text
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 Complaints1770. (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, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct shall report the complaint to the State Bar of California.(c) A report made pursuant to subdivision (b) shall include all of the following:(1) A summary of the complaint.(2) A copy of the complaint.(3) The name and contact information of any attorney participating in the proceeding.(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.SECTION 1.It is the intent of the Legislature to enact legislation related to mediators, arbitrations, and settlements in civil suits
The people of the State of California do enact as follows:
## 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 Complaints1770. (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, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct shall report the complaint to the State Bar of California.(c) A report made pursuant to subdivision (b) shall include all of the following:(1) A summary of the complaint.(2) A copy of the complaint.(3) The name and contact information of any attorney participating in the proceeding.(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.
SECTION 1. Title 11.5 (commencing with Section 1770) is added to Part 3 of the Code of Civil Procedure, to read:
### SECTION 1.
TITLE 11.5. Alternative Dispute Resolution Complaints1770. (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, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct shall report the complaint to the State Bar of California.(c) A report made pursuant to subdivision (b) shall include all of the following:(1) A summary of the complaint.(2) A copy of the complaint.(3) The name and contact information of any attorney participating in the proceeding.(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.
TITLE 11.5. Alternative Dispute Resolution Complaints1770. (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, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct shall report the complaint to the State Bar of California.(c) A report made pursuant to subdivision (b) shall include all of the following:(1) A summary of the complaint.(2) A copy of the complaint.(3) The name and contact information of any attorney participating in the proceeding.(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.
TITLE 11.5. Alternative Dispute Resolution Complaints
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, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct shall report the complaint to the State Bar of California.(c) A report made pursuant to subdivision (b) shall include all of the following:(1) A summary of the complaint.(2) A copy of the complaint.(3) The name and contact information of any attorney participating in the proceeding.(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.
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, receives a complaint against them alleging that they violated a provision of any applicable rule of conduct shall report the complaint to the State Bar of California.
(c) A report made pursuant to subdivision (b) shall include all of the following:
(1) A summary of the complaint.
(2) A copy of the complaint.
(3) The name and contact information of any attorney participating in the proceeding.
(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.
It is the intent of the Legislature to enact legislation related to mediators, arbitrations, and settlements in civil suits