The 2011 legislative session in Sacramento. of course, focused on the budget. Still, there were a variety of proposed bills that directly or tangentially affected ADR and the ways it is conducted.
The bill that most serious concerned CDRC was AB 1062. The bill would have eliminated the ability of a party to appeal from the denial of a petition to compel arbitration. Ostensibly, the bill achieved fairness because there is no current provision for an appeal from the grant of a petition to compel arbitration, other than by use of a writ. CDRC believes fairness would better be achieved by allowing for appeals from the grant of a petition to compel arbitration and it therefore opposed the bill. Although the bill passed the assembly, it failed in the Senate after being substantially amended.
These proposed bills and changes in procedure included the following: