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The author solicits your input on state and federal bills which should be included. E-mail the author at duanerh@fresno.edu. Only those bills affecting the practice of alternative dispute resolution will be tracked. Those merely containing ADR provisions are posted for your convenience.

Australia - New Restorative Justice Legislation adopted in the Australian Capital Territory 2004. Download the bill in PDF.

Follow the progress of the Uniform Mediation Act as states adopt it.

California 2007-2008 Session

Assembly Bills

1. AB 360 - Carter - Juvenile court law (being tracked)
   Existing law sets forth the purpose of juvenile court law, and provides that a minor under the jurisdiction of the juvenile court who is in need of protective services shall receive care, treatment, and guidance consistent with his or her best interest and the best interest of the public. Existing law provides that a minor under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with his or her best interest, that holds the minor accountable for his or her behavior, and that is appropriate for his or her circumstances. This bill would authorize a county to adopt a restorative justice program to address the needs of minors, victims, and the community. The bill would require the restorative justice program to be implemented through a restorative justice protocol developed by the juvenile court in conjunction with the prosecutor, public defender, and other interested groups. The bill would include related findings and declarations.
   • LAST HIST. ACT. DATE: Sept. 30 vetoed by the Governor. Veto message: BILL NUMBER: AB 360 VETOED DATE: 09/28/2008 To the Members of the California State Assembly: I am returning Assembly Bill 360 without my signature. This bill would allow counties to establish restorative justice programs. While I am open to prevention and treatment programs which are proven effective, the principles stated in this bill appear to emphasize alternatives to incarceration, without ensuring public safety. It is also unclear whether the restorative justice program, as proposed in this bill, is limited to first or second-time, nonviolent offenders. I urge the Legislature to give further attention to these important issues that help shape the juvenile justice system. For these reasons I am unable to sign this bill. Sincerely, Arnold Schwarzenegger

Senate Bills

California 2003-2004 Session

Assembly Bills

1. AB 1714 - Committee on Judiciary
             * Arbitration: consumer arbitration agreements.
   Existing law provides that a written agreement to submit a dispute to arbitration is valid and irrevocable except upon the grounds that exist for revocation of a contract.
2. AB 2599 - Calderon
             * mediation proceedings: videotaping.
   Existing law provides for the mediation of contested custody or visitation issues and specifies that those mediation proceedings are private and confidential. This bill would require mediation proceedings to be videotaped for the sole purpose of review by the mediator.

Senate Bills

1. SCR 34 - Speier
             * Attorneys: alternative dispute resolution
   This measure would urge the State Bar of California to adopt requirements for the admission to the State Bar to include testing of applicants' understanding of skills relative to resolution of disputes without litigation and would also request the State Bar to adopt associated law school curriculum and continuing education requirements in that regard.
2. SB 1177 - Ridley-Thomas
             * Court Fees increase for DRPA
   Sept. 17, 2008 Enrolled. To Governor. Vetoed. Governor's veto message:
   "To the Members of the California State Senate:
   I am returning Senate Bill 1177 without my signature. Although I support the effort to secure a non-General Fund source of funding for these programs, I am not comfortable increasing court fees at this time. This would create an additional burden on the public, many of whom use our court system and would face the increased fines. For these reasons, I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger
3. SB 1234 - Kuehl
             * Civil Rights
   

   SB 1234 enacted Penal Code Section 422.86, which states:
   422.86
   (a) It is the public policy of this state that the principal goals of sentencing for hate crimes, are the following:

   1. Punishment for the hate crimes committed.
   2. Crime and violence prevention, including prevention of recidivism and prevention of crimes and violence in prisons and jails.
   3. Restorative justice for the immediate victims of the hate crimes and for the classes of persons terrorized by the hate crimes.
   
   (b) The Judicial Council shall develop a rule of court guiding hate crime sentencing to implement the policy in subdivision (a). In developing the rule of court, the council shall consult experts including organizations representing hate crime victims.

4. SB 1311 - Johnson
             * ADR in workers comp.
   This bill would require that the alternative dispute resolution system provide for the services of an ombudsperson as well as for mediation and arbitration services, in accordance with prescribed procedures, in order to resolve disputes between employees and insurers regarding claims for workers' compensation benefits.

California 2001-2002 Session

Assembly Bills

1. AB 36 - Steinberg (being tracked)
             * Confidentiality of writings.
   This bill would provide that, in an action based upon bodily injury or wrongful death allegedly caused by a defective product or environmental hazard, as defined, specified information contained in settlement agreements and confidentiality agreements not filed with the court, and specified information acquired through discovery, shall be presumed to be public information and may not be kept confidential pursuant to an agreement of the parties, except for a limited period by order of the court upon certain findings. Amended June 6, 2001 to remove reference to financial fraud and unfair insurance practices as subjects of the statute. Amended bill passed by the House June 7.
2. AB 95 - Cardenas
             * 2001-02 Budget.
   
3. AB 164 - Harman
             * Special education: due process hearings.
   
4. AB 230 - Goldberg
             * Classified employees.
   
5. AB 237 - Papan
             * Eminent domain.
   
6. AB 421 - Wayne
             * Dispute resolution: automobile claims.
   
7. AB 456 - John Campbell
             * Class actions: attorney's fees.
   
8. AB 505 - Robert Pacheco
             * Long-term health care facilities: citations
   
9. AB 600 - Dutra
             * Home warranty program.
   
10. AB 678 - Papan
              * Contractors.
    
11. AB 697 - Cedillo
              * Regional center services: appeals: attorney
    
12. AB 707 - Negrete McLeod
              * Higher education labor relations: mediation.
    
13. AB 732 - Wayne
              * Civil procedure: settlement offers.
    
14. AB 796 - Shelley
              * School safety and violence prevention.
    
15. AB 819 - Jackson
              * School safety.
    
16. AB 856 - Wesson
              * Horse racing.
    
17. AB 949 - Kehoe
              * Natural waters.
    
18. AB 997 - Dickerson
              * Streambed alteration.
    
19. AB 1067 - Jackson (being tracked)
              * Arbitration.
    This bill seeks to reverse the 1992 decision of the California Supreme Court in Moncharsh V. Heily & Blase Et Al. by allowing a consumer to petition the court for a review of an arbitration decision if the award is the result of a legal or factual error that results in injustice to the consumer.This bill would have required arbitrators to meet minimum qualifications and comply with ethical standards established by the Legislature, but these provisions were amended out April 25, 2001. Bill died February 7, 2002.
20. AB 1191 - Longville
              * Developmental disabilities.
    This bill, until January 1, 2005, would establish procedures for the resolution of disputes between a regional center and any publicly funded agency.
21. AB 1193 - Steinberg
              * Insurers: hate crimes: cancellation or refusal
    
22. AB 1242 - Wiggins
              * Farming: intergenerational farm transfers.
    
23. AB 1253 - Matthews
              * Nursing.
    
24. AB 1339 - Keeley
              * School security training: peace officers and
    
25. AB 1387 - Cogdill
              * Public utilities: natural gas.
    
26. AB 1409 - Chan
              * Nursing home administrators.
    
27. AB 1536 - Cardenas
              * Truancy.
    
28. AB 1571 - Shelley
              * Court employees: Supreme Court and courts of
    
29. AB 1600 - Keeley
              * Arbitration: health care provider disputes.
    
30. AB 1620 - Washington (Restorative Justice implications being tracked)
              * Crime prevention.
    This bill would create within the California Health and Human Services Agency, an Office of Youth Violence Prevention with specified duties, including, but not limited to, the consolidation, coordination, administration, and review of existing programs relating to at-risk youths and young adults, as defined; administering a grant program that would take a public health approach to preventing, intervening, and reducing crime, violence, and gangs. Died February 7, 2002.
31. AB 1699 - Committee on Judiciary (being tracked)
              * Alternative Dispute Resolution.
    Existing law regulates the conduct of arbitration proceedings, providing for, among other things, the powers and duties of a neutral arbitrator or arbitrators, the appointment of times and places for hearings, the exchange of witness lists, and the right of representation by counsel.
    This bill would require an arbitration provider organization, if it is involved in the administration of an arbitration, to make available, upon the request of a party to the arbitration, its policy regarding issuance of written decisions. The bill would except from its requirements arbitration proceedings conducted under a collective bargaining agreement between employers and employees or their respective representatives. Passed by the Assembly January 28, 2002.
32. AB 2504, - Jackson. (being tracked)
              * Consumers Judges: private judging companies : arbitration.
    Requires disclosure by public judges regarding arrangements for and negotiations about employment as a private judge or related position after leaving government service. Sept. 29, 2002 Chaptered by Secretary of State - Chapter 1094, Statutes of 2002..
33. AB 2574 - Harman. (being tracked)
              * Arbitration: conflicts of interest.
    Existing law provides that in any arbitration pursuant to an arbitration agreement, if a person is to serve as a neutral arbitrator, the proposed neutral arbitrator is required to disclose all matters that would cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial, as specified. This bill would prohibit a private arbitration company from administering a consumer arbitration, or providing any other services related to a consumer arbitration, if the company has, or within the preceding year has had, a specified financial interest, in any party or attorney for a party. The bill would impose similar limitations on the provision of services by private arbitration companies based on the financial interests of any party or attorney for a party in the private arbitration company. The bill would state that its provisions become operative on January 1, 2003. Sept. 27, 2002 Chaptered by Secretary of State - Chapter 952, Statutes of 2002.
34. AB 3029 - Steinberg (being tracked)
              * Consumer arbitration agreements : private judging companies.
    Existing law provides for the enforcement of arbitration agreements and requires a court to vacate an arbitration award in specified circumstances. This bill would define attorney for a party, consumer arbitration, consumer party, neutral arbitrator, and private arbitration company for these purposes. The bill would specify that if a consumer arbitration agreement, entered into or renewed on or after January 1, 2003, designates one or more exclusive private arbitration companies or SROs or incorporates the arbitration rules of a private arbitration company or SRO, the consumer party shall have the option, as specified, after a dispute arises, to choose a different neutral private arbitration company or SRO. The bill would specify that if the agreement is entered into or renewed on or after April 1, 2003, the arbitration agreement shall plainly notify the consumer of this right, as specified, as well as the right to obtain information about private arbitration companies, as specified. The bill would prohibit an arbitrator or private arbitration company from administering or otherwise participating in a consumer arbitration in violation of these requirements. This bill would require a private arbitration company to disclose specified information relating to possible conflicts of interest within 15 days of the receipt of a demand for arbitration pursuant to a consumer arbitration agreement. This bill would also require proposed private arbitration companies to be disqualified for failing to comply with this disclosure provision under specified circumstances. The bill would also authorize a party to disqualify a private arbitration company on the basis of the disclosure statement, except as specified. Sept. 30, 2002 Vetoed by Governor.
35. AB 3030, - Committee on Judiciary, Corbett. (being tracked)
              * Unlawful detainer : Arbitration.
    (1) Existing law permits consumers to contract to arbitrate and regulates the conduct of arbitrations. Existing law requires a person who is to serve as a neutral arbitrator to disclose all matters that could cause a person aware of the facts to reasonably doubt the person's impartiality, and provides a method for disqualifying a proposed neutral arbitrator. This bill would provide that, notwithstanding any immunity of a neutral arbitrator acting in a quasi-judicial capacity, a private judging company is not immune from civil liability for a consumer arbitration, except when its liability is based on a theory of vicarious liability for the acts of an arbitrator who enjoys immunity from civil liability.
    (2) Existing law requires a court to vacate an arbitration award under specified circumstances.
    This bill would prohibit an arbitrator or private judging company involved in a consumer arbitration from conducting or administering further arbitration of the dispute if a court vacates the award. Enrolled August 30, 2002.

Senate Bills

1. SCR 13 - Morrow
             * California Law Revision Commission: studies.
   Adds to the list of matters which may be studied by the California Law Revision Commission, including laws related to arbitration, mediation and alternative dispute resolution.
2. SB 75 - Peace
             * 2001-02 Budget.
   
3. SB 81 - Speier
             * Motor vehicle insurance.
   
4. SB 136 - Figueroa
             * Professional boards.
   
5. SB 157 - Haynes
             * Campaign contributions: arbitration.
   
6. SB 383 - Burton
             * Arbitration: public employees.
   
7. SB 410 - Kuehl (being tracked)
             * Arbitration.
   Existing law provides that a written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract. This bill would provide, as an exception thereto, that no employer may require an employee to agree to arbitrate any claims arising under the Fair Employment and Housing Act.
8. SB 475 - Escutia
             * Dispute resolution: referees and arbitrators.
   Several technical changes in various statutes plus the following: Existing law establishes standards for arbitration. This bill would require arbitrators to comply with ethical standards adopted by the Judicial Council beginning July 1, 2002. This bill would also require the Judicial Council, consistent with the standards established for arbitrators in the judicial arbitration program, to adopt ethics standards that address the disclosure of conflicts of interest, including prior service as an arbitrator or other dispute resolution neutral entity, disqualifications, the acceptance of gifts, and the establishment of future professional relationships. The bill would also specify the grounds upon which a proposed neutral arbitrator may be disqualified and the procedure to do so including the form of the petition to disqualify. Existing law requires the court to vacate an arbitration award if the arbitrator, upon receipt of a timely demand, fails to disqualify himself or herself from the proceedings. This bill would also require the courts to dismiss an arbitration award if the arbitrator failed to disclose, within the time required for disclosure, grounds for disqualification of which the arbitrator was then aware. This bill would also make a declaration of legislative intent regarding the grounds for vacating arbitration awards. Approved by Governor September 26, 2001.
9. SB 562 - Morrow
             * Civil procedure: limited civil cases.
   
10. SB 662 - Committee on Judiciary
              * Maintenance of the codes.
    
11. SB 708 - Speier
              * Insurance.
    
12. SB 724 - Committee on Business and Professions
              * Healing arts.
    
13. SB 916 - Ackerman
              * Discount buying organizations.
    
14. SB 927 - Escutia
              * Courts: domestic violence: interpreters.
    
15. SB 937 - Margett
              * Public contracts: bids and disputes.
    
16. SB 944 - Escutia
              * Public contracts: notice of settlements.
    
17. SB 963 - Vincent
              * Pupil records.
    
18. SB 1040 - Machado
              * Health care service plans: arbitration.
    
19. SB 1092 - Sher
              * Health care service plans.
    
20. SB 1406 - Kuehl (being tracked)
              * Mediation proceedings.
    This bill would require the notice of mediation in a child custody mediation to state that all proceedings involving the mediator and the disputing parties shall be kept confidential between the mediator and the disputing parties and that the mediator shall not make a recommendation except to the disputing parties. The bill would also prohibit a mediator from making any recommendation to the court if the parties have not reached agreement as a result of the mediation proceedings. The act would amend Sections 3176 and 3183 and repeal Section 3184 of the Family Code. Introduced February 13, 2002.
21. SB 1603 - Oller (being tracked)
              * Collaborative Law
    This bill would enact collaborative law proceedings for persons who have filed for dissolution of marriage, nullity of marriage, or legal separation. Pursuant to these procedures, the parties and their attorneys would agree in writing to make a good faith effort to resolve their disputes with the assistance of their attorneys, without further court proceedings, except for court approval of the resulting agreement. The bill would provide for a suspension of court proceedings during negotiations. Among other things, the bill would require a collaborative law agreement to include a separate written agreement signed by all of the attorneys for the parties stating that any attorney who represents a party in collaborative law proceedings may not represent any of the parties in subsequent court proceedings if the collaborative law proceedings do not result in a court-approved settlement.
22. SB 1707 - Committee on Judiciary.
              * Arbitration: standards of ethics.
    Existing law, beginning July 1, 2002, requires a person serving as a neutral arbitrator pursuant to an arbitration agreement to comply with the ethics standards for arbitrators adopted by the Judicial Council. Existing law also requires these standards to be consistent with the standards established for arbitrators in the judicial arbitration program, and authorizes these standards to expand the general disclosure and disqualification requirements imposed by law for contract arbitration. Existing law further requires these standards to address the disclosure of interests, relationships, or affiliations that may constitute conflicts of interest, including prior service as an arbitrator or other dispute resolution neutral entity, disqualifications, acceptance of gifts, and establishment of future professional relationships. This bill would specify that these provisions do not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement.