Why is the State Bar developing an ADR Certification Program?
State law (Business and Professions Code section 6173) requires the State Bar to create a certification program for ADR firms, providers, and practitioners. The statute also establishes some requirements for the program.
How is the State Bar developing the program?
State Bar staff is drafting recommendations for the Board of Trustees with guidance from an ADR Working Group of experts. The Working Group, its subgroups, and staff develop and review proposals, refine them, and will prepare a tentative proposal for preliminary public comment. The Working Group and staff will consider revising the proposal in light of the comments and will then submit their recommendations to the Board, which will then issue the proposal for another public comment period before deciding on adoption.
How can people learn more?
The Working Group webpage provides membership details, guiding principles, and past agendas and materials. Interested parties can subscribe to email updates from the webpage and can watch past meeting recordings on the State Bar’s YouTube channel.
How can people comment while the program is being developed?
Meeting materials are posted online in advance. Written comments may be sent to adrwg@calbar.ca.gov, and oral comments are allowed at the start of each Working Group meeting. Once a tentative proposal is ready, it will be posted online for preliminary public comment.
When will the tentative proposal be released?
A date has not been set. It depends on when subgroups finish their recommendations and the Working Group approves its complete tentative proposal.
What happens after preliminary comments are collected?
Staff will compile and summarize comments for the Working Group, which may then revise its tentative proposal. Staff will submit the Working Group and staff recommendations to the Board.
What happens after the Board receives the proposal?
Prior to adopting any rules, the Board is required to 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.
When will the program take effect?
The operative date has not yet been set; it depends on completion of the public comment and Board approval processes.
When can applications be submitted?
Applications will be accepted once the program is operative.
What will certification cost?
Fees have not been set. By law, the program must be self-funded through certification fees. Attorney license fees may not be used to support the program.
