State Bar & Bar Associations,
Alternative Dispute Resolution,
Administrative/Regulatory
Apr. 23, 2025
Navigating the complexities of SB 940: The debate over voluntary certification and its challenges
See more on Navigating the complexities of SB 940: The debate over voluntary certification and its challengesAs the State Bar struggles to implement SB 940's vague mandate for ADR certification, philosophical divisions and practice challenges raise questions about whether a workable system can be ready by the Legislature's mid-2025 deadline.
John Derrick
Alternative Resolution CentersJohn Derrick is a neutral with Alternative Resolution Centers and serves on the Commercial and Consumer Rosters of the American Arbitration Association. He also serves as a panel mediator and settlement officer for several state and federal trial and appellate courts in Los Angeles and elsewhere in Southern California. Before entering full-time ADR, he practiced as an appellate specialist. The views he expresses are his own, not those of the organizations with which he works.
When the California Legislature enacted Senate Bill 940 last year, it delivered a "concept" of a plan for regulating the ADR industry through a system of voluntary certification. It delegated to the State Bar the task of working out the tricky details.
The process
That the statute lacks clarity is not up for debate. How to clarify and implement it is. So the State Bar has set up a 21-member working group to come up with a plan to submit to the Board of Trustees. ...
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