Proposals to Implement an Alternative Dispute Resolution Certification Program
The Alternative Dispute Resolution Working Group and staff seek informal public comment on proposals to implement an Alternative Dispute Resolution Certification Program.
Alternative Dispute Resolution Certification Program
The State Bar Alternative Dispute Resolution (ADR) Certification Working Group and staff seek preliminary informal public comment on tentative proposals to implement the program for voluntary certification of ADR practitioners and provider organizations mandated by Business and Professions Code section 6173. After the informal public comment period closes, the Working Group and staff will review the proposals in light of the comments and submit their final recommendations to the State Bar Board of Trustees. The Board will issue the proposals for a formal public comment period before deciding on adoption.
Deadline: April 28, 2026, 11:59 p.m. (60 days)
Direct comments to
Comments should be submitted using the following online Public Comment Forms:
- Group 1 - Arbitrators and Mediators: Appendices A, B, D, F, and G
- Group 2 - Provider Organization: Appendices C, E, and H
- Group 3 - Administration and Rules: Appendices I, J, K, L, and M
Within each group, you may comment on some or all of the appendices, which include the tentative proposals. After commenting on the appendices in each group, you will have an opportunity to comment on the appendices in the other groups. The online form allows you to input your comments directly in a format that will be most helpful to the Working Group and staff.
Background
Effective January 1, 2025, new Business and Professions Code section 6173 requires the State Bar of California to create a voluntary certification program for ADR firms (provider organizations) and practitioners. This program aims to promote adherence to ethical standards for ADR services and establish consumer protection mechanisms.
State Bar staff formed an ADR Working Group (Working Group). According to its charge, the Working Group balanced maintaining rigorous professional standards with creating an inclusive program to accommodate the wide variety of ADR firms, providers, and practitioners. The Working Group consists of 21 members with comprehensive expertise and diverse experience in ADR. It held 12 public meetings and 41 subgroup meetings over a period of a year.
The Working Group developed tentative proposals for a comprehensive certification framework to promote public confidence and consumer protection in ADR services. The tentative proposals include baseline certification requirements and certification tiers for arbitrators, mediators, and provider organizations; ethical standards for mediators and provider organizations; program administration guidelines; and State Bar Rules to implement the program, including procedures for addressing complaints about certified arbitrators, mediators, and provider organizations. More details about the Working Group’s efforts are set forth in the Alternative Dispute Resolution Working Group Preliminary Report and Recommendations (Report).
Discussion/proposal
The Working Group and staff are seeking preliminary input on the tentative recommendations set forth in the following appendices to the Report:
- Appendix A, Proposed Qualification Requirements for Arbitrators
- Appendix B, Proposed Qualification Requirements for Mediators
- Appendix C, Proposed Qualification Requirements for Provider Organizations
- Appendix D, Proposed Ethical Standards for Certified Mediators
- Appendix E, Proposed Ethical Standards for Certified Provider Organizations
- Appendix F, Proposed Tiers Structure for Arbitrators
- Appendix G, Proposed Tiers Structure for Mediators
- Appendix H, Proposed Tiers Structure for Provider Organizations
- Appendix I, Proposed Program Administration Guidelines for Practitioners
- Appendix J, Proposed Program Administration Guidelines for Provider Organizations
- Appendix K, Proposed Alternative Dispute Resolution Certification Program Rules
- Appendix L, Proposed Complaints and Remedies Procedure
- Appendix M, Proposals Re Complaints about State Bar Certified Practitioners Arising from Service in Court ADR Programs
Additional information about the Working Group and its recommendations is set forth in:
- Appendix N, Alternative Dispute Resolution Working Group Roster
- Appendix O, Alternative Dispute Resolution Working Group Charge
- Appendix P, Alternative Dispute Resolution Working Group General Principles
- Appendix Q, Links to Working Group Agendas and Materials (Staff Reports)
- Appendix R, Substantive Resolutions Voted on by the ADR Working Group
The Working Group encourages comments from people and organizations who are interested in any or all of the elements of its tentative recommendations. Because of the length and complexity of the recommendations, commenters are strongly encouraged to use the online Public Comment Forms (links below). These forms provide the opportunity to comment on the specific provisions of the tentative recommendations in a manner that will allow the Working Group and staff to best understand and address the comments.
- Group 1 - Arbitrators and Mediators: Appendices A, B, D, F, and G
- Group 2 - Provider Organization: Appendices C, E, and H
- Group 3 - Administration and Rules: Appendices I, J, K, L, and M
The Working Group will meet in May 2026 and early June 2026 to consider the public comments on its tentative proposal and to develop a formal recommendation to the State Bar Board of Trustees. Prior to adopting rules, the Board will issue the proposal for a public comment period. The Board will then review feedback and decide whether to adopt the proposal, revise it, or send it back to staff or the Working Group for further work.
Background material
Source
Alternative Dispute Resolution Working Group
Deadline
Deadline: April 28, 2026, 11:59 p.m. (60 days)
Direct comments to
Comments should be submitted using the following online Public Comment Forms:
- Group 1 - Arbitrators and Mediators: Appendices A, B, D, F, and G
- Group 2 - Provider Organization: Appendices C, E, and H
- Group 3 - Administration and Rules: Appendices I, J, K, L, and M
For further questions, please email adrwg@calbar.ca.gov.