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HomeMy WebLinkAbout042 93 STATE OF WASHINGTON County of Jefferson IN THE MATTER OF AN Approval of a Dispute Resolution Center } } } RESOLUTION NO. 42-93 WHEREAS, the resolution of many disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and WHEREAS, alternative dispute resolution centers can meet the needs of Washington's citizens by providing forums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere; and WHEREAS, a petition has been submitted by the Peninsula Dispute Resolution Center including their basic organizational plan which complies with RCW 7.75, asking for recognition as the dispute resolution center for Jefferson County; and WHEREAS, the approval of a Dispute Resolution Center has been suggested by the Judges of the Jefferson County Superior and District Courts. NOW, mEREFORE BE IT RESOLVED, by the Board of Jefferson County Commissioners in consideration of the above: I. The Peninsula Dispute Resolution Center is hereby recognized as the dispute resolution center for Jefferson County II. The District Court surcharges previously authorized for funding of the Dispute Resolution Center shall be implemented by the Ordinance process. .z;¿~. ,1993. JEFFERSON COUNTY BOb\R:6ÒF COMMISS , : ~" r y :'.; " .~, / /1 ,1 /Î / SEAL:. _: . ':Ú \, -(¿z~-/4JJ . , I ~r; \\ , Richard Wojt, Chairman ). . I . V> '... ...'. '. ; . '-'/./ jJJ ~~~em¡;er---- ATTEST': '~~Í:~~ ÚI~n~ 0fL APPROVED and Adopted this - i 0- day of VOl. 19 r~c~44t -'---- ..._~ EXECUTIVE SUMMARY FOR APPROVAL OF PENINSULA DISPUTE RESOLUTION CENTER On March 8, 1993, the Board approved the concept of adding surcharges to various court filing fees to fund a contribution to the Peninsula Dispute Resolution Center, Upon request by the Clerk of the Board to review a proposed ordinance adding this surcharge, it came to my attention that the statute authorizing these funds sets forth a procedure for creation and approval of the Dispute Resolution Center. RCW 7,75,020 (copy attached), The statute requires that the legislative authority of the County in which the Center is located must approve a plan of operation. The PDRC is located in Clallam County and has been approved by the Clallam County Board of Commissioners, However, if Jefferson County is to contribute funds it would be prudent to approve the plan. I requested that PDRC submit a Petition requesting approval (copy attached), The Petition presents a plan of organization which conforms to the requirements of the statute, As stated, upon the request of Judge Howard, the Board approved the collection of funds, His February 17, 1993 letter explains the utility of the Dispute Resolution Center for Jefferson County. It is my recommendation that the Board first approve the Center for operation in regard to the citizens of Jefferson County, If that approval is forthcoming then the ordinance imposing the surcharge may be proposed for public hearing, I have included a proposed Resolution approving the Peninsula Dispute Resolution Center. :VOL _...~~ 19 rAC~ 442 ---j / ~':J(-s, 95 ISPUTE RESOLUTION CENTERS 7,75,020 lings and intent. ion center-Creation-Plan-Approval by co ity-Annual report on operation of centers. provided without charge or for fee based '(c) Offer structures for dispute resolution which may serve as odels for resolution centers in other communities. '(d) Serve a specific community or locale and resolve disputes t arise within that community or locale. '(e) Educate the community on ways of using the services of the eighborhood dispute resolution center directly and in a preventive pacity. cted by Laws 1984, ch. 258, § 501, eft. Jan. 1, 1985. CHAPTER 7.75 : RESOLUTION CENTERS of centers' files, etc.-Exception-Privileged co Historical and Statutory Notes Court Improvement Act of 1984-Ef- and Statutory Notes following § 3.30.- ve dates-Severability-8hort ti. 010. " Laws 1984, ch. 258: See Historical ounty legislative authority. :ion agreements required-When admissible, 172 Dispute resolution center-Creation-Plan-Approv- aI by county or municipality-Annual report on operation of centers (1) A dispute resolution center may be created and operated by a ~icipality, county, or by a corporation organized exclusively for e resolution of disputes or for charitable or educational purposes. , e corporation shall not be organized for profit, and no part of the et earnings may inure to the benefit of any private shareholders or dividuals. The majority of the directors of such a corporation . not consist of members of any single profession. (2) A dispute resolution center may not begin operation under . s chapter until a plan for establishing a center for the mediation d settlement of disputes has been approved by the legislative uthority of the municipality or county creating the center or, in ,e case of a center operated by a nonprofit corporation, by the . slative authority of the municipality or county within which the nter will be located. A plan for a dispute resolution center shall } be approved and the center shall not begin operation until the .. slative authority finds that the plan adequately prescribes: ,'.{a) Procedures for filing requests for dispute resolution services th the center and for scheduling mediation sessions participated . by the parties to the dispute; (b) Procedures to ensure that each dispute mediated by the center ~ts ~he criteria for appropriateness for mediation set by the slatlve authority and for rejecting disputes which do not meet , criteria; Jc) Procedures for giving notice of the time, place, and nature of ~ediation session to the parties, and for conducting mediation .' Ions that comply with the provisions of this chapter; , ~73 VOL 19 r~~~ 44J m dispute resolution process. ~k and expend funds. itations tolled until dispute hapter. civil action. :-LAW Electronic Research tesearch Guide following the Preface. findings and intent ds and declares that: Gany disputes can be costly and comple< the parties involved are necessarily in Ibject to formalized procedures; and, resolution centers can meet the needs. providing forums in which persons m the resolution of disputes in an info )sphere. , the legislature that programs establish' )lishment and use of dispute resolut{ need for alternatives to the courts for' utes. ng community participation in the deVi md oversight of local programs design 'esolution of disputes between and am~ ity. 7,75,020 SPECIAL PROCEEDING (d) Procedures which ensure that participation by all parties is voluntary; , (e) Procedures for obtaining referrals from public and private bodies; :' (f) Procedures for meeting the particular needs of the partici pants, including, but not limited to, providing services at times convenient to the participants, in sign language, and in languag other than English; (g) Procedures for providing trained and certified mediatorS who, during the dispute resolution process, shall make no decisions or determinations of the issues involved, but who shall facilitate negotiations by the participants themselves to achieve a voluntary resolution of the issues; and ' (h) Procedures for informing and educating the community about the dispute resolution center and encouraging the use of th ' center's services in appropriate cases. (3) A dispute resolution center established under this chapte annually shall provide to the administrator for the courts such datå regarding its operation as the administrator requires. The adminiš-i trator shall report annually beginning January 1, 1986, to th' governor, the supreme court, and the legislature regarding th, operation of centers established under this chapter. Enacted by Laws 1984, ch. 258, § 502. eft. Jan. 1, 1985. Historical and Statutory Notes Court Improvement Act of 1984-Ef- and Statutory Notes following § 3,30; fective dates-Severabllity-Short ti- 010.1 tie-Laws 1984, ch. 258: See Historical .. ge of up to fifteen dollars on eacJ oJ!s for the purpose of funding dispu under this chapter. , ' 'Any surcharge imposed shall be cc ", and remitted to the county treasur, tint to be used solely for dispute res this chapter. Money received' ect to RCW 3.62.020(2) or 3.62.09 t to this subsection shall be audi rdance with RCW 43.09.260. 'ed by Laws 1990, ch. 172. § 1, eft. July Historical and Statutor ~ve date-Laws 1990, ch. 172: .act shall take effect July 1. 1990." i~990. ch. 172, § 4.] Dispute resolution agreeml '. missible as evidence :ì ",In conducting a dispute resolutior ~, under this chapter shall require: .'~ That the disputing parties enter i ch ~xpresses the method by which th( issues in dispute; and * ~... That at the conclusion of the dispu ~s enter into a written agreement w t of the issues and the future respOI 7,75.030, Services to be provided without charge or for fee based on ability to pay . A dispute resolution center established under this chapter shaJ! provide dispute resolution services either without charge to the participants or for a fee which is based on the participant's abili to pay. Enacted by Laws 1984, ch. 258, § 503, eft. Jan. 1. 1985. t2' A written agreement entered into ~~r at the conclusion of the written dis . ssible as evidence in any judicial or a ed by Laws 1984, ch. 258, § 504, eft. JaIl Historical and Statutory Notes Court Improvement Act of 1984-Ef- and Statutory Notes following § 3.30. fective dates-Severabllity-Short tl- 010. tie-Laws 1984, ch. 258: See Historical Historical and Statutory ImdaProvement Act of 1984-Ef- and Stat e tes-Severabllity-Short tl- 010. ws 1984. ch. 258: See Historical VOL 19 rAr.~ 444 Confidentiality of centers' Privt1eged communicatiom ~emoranda, work notes or product~ ~ lished under this chapter are confide not. subject to disclosure in any ju dIng unless the court or administra 175 7,75,035, Surcharge by county legislative authority (1) A county legislative authority may impose a surcharge of up, to ten dollars on each civil filing fee in district court and 174 THE SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF JEFFERSON . ,:;' - "<;:;' WILLIAM E. HOWARDbJUDGE COURTHOUSE P.O. B X 1220 PORT 1DWNSEND, WA 98368 (206) 385.9130 February 17, 1993 Richard Wojt, Chairman Robert Hinton, Commissioner Glen Huntingford, Commissioner Jefferson County Board of county P,O, Box 1220 Port Townsend, WA 98368 commissioners RE: Peninsula Dispute Center - Participation by Jefferson County Gentlemen: I send this letter to provide the Board of County Commissioners background information concerning mediation services which are being provided and additional mediation services which we may be able to provide in the near future, One branch of Superior Court is the Family Court. Lois smith is the Family Court Administrator (as well as Juvenile Court Administrator), In years past her Family Court work load allowed time to perform mediation of family related issues, e,g., child custody and visitation, In recent times Lois has had no time available to do this work and her budget has not provided funds to employ another to provide that work, In 1984, legislation was enacted authorizing establishment of Dispute Resolution Centers. R.C.W. 7,75; Laws of 1984, Ch, 258, The law sets out guidelines for operation of dispute resolution centers. No center can be established until a plan for the mediation and settlement of disputes has been approved by the local legislative authority, The purpose of such centers is to provide an alternative to the court system for resolution of disputes, It provides a more informal, less adversarial atmosphere, and, also, is generally less expensive than litigation. Funding for such centers can be provided, in part, by imposing a surcharge of up to $10,00 on each District Court civil case filed and a surcharge of up to $15.00 on each Small Claims case filed ,VOL 19 r~.c~ 445 " Page two (Small Claims Court is a branch of the District Court), Presently, without the surcharge, the civil filing fee in District Court is $31,00 and the Small Claims Court filing fee is $10,00, If the maximum surcharge were imposed, the filing fee for a civil District Court case would increase to $41,00 and the Small Claims Court filing fee would increase to $25,00. The decision of whether or not to impose any surcharge is for the Board of County Commissioners, A dispute resolution center has recently been established in Clallam County, It is called the "peninsula Dispute Resolution Center" and has been organized in a manner which would allow Jefferson County to become a part of this non-profit corporation, Two local residents have already received mediation training from the Center, One of the individuals. who has completed this training is a retired businessman and law school graduate who will be working as a volunteer, under Lois smith's supervision, to handle mediation of Family Court issues. outside of Family Court matters, there is a continuing need to provide an alternative method of resolving disputes which otherwise end up in court. The Center appears to be the best way to provide that service, The Center would provide trained mediators, Charges to the parties for the mediation services would be based on the client's ability to pay, For those cases where the mediation process is not successful, the courts would continue to be available to decide the case, Funding to support the dispute resolution center cannot be met solely from surcharge on District Court civil cases and Small Claims cases, The Peninsula Dispute Resolution Center receives only about 56% of its operating budget from the surcharge, The balance of the budget is provided by a variety of sources including the city of Port Angeles and UGN. Should Jefferson County join in Peninsula Dispute Resolution Center, we would be expected to provide our proportionate share of the funding, If the maximum surcharge was imposed for District Court and Small Claims Court cases, an estimated $4,500 - $5,000 would be generated in 1993, We would also need to obtain some additional funding from other sources, As mentioned above, we have a volunteer who will be handling mediation of Family Court issues. While that individual will not be paid a wage, it is necessary to reimburse him for mileage, continued training and other out-of-pocket expenses, One method of meeting these expenses is to impose a surcharge to the existing marriage license fee. The Board of County commissioners can impose an increase up to a maximum of $8.00, Any such surcharge can only be used for Family Court Services, If this surcharge were VOL 19 fM/446 I-. - Page three authorized it would provide an estimated $1,600,00 for 1993, Recently Clallam County Superior Court Commissioner Bill Knebes made a presentation to our local lawyers explaining the Peninsula Dispute Resolution Center's method of training mediators, assignment of cases for mediation, assessment of charges to clients, and funding requirements, He invited Jefferson County to actively participate in the Dispute Resolution Center, The consensus of those lawyers present was that we should consider participating with Clallam County in the Peninsula Dispute Resolution Center, Before proposing a specific course of action, we would appreciate the opportunity to discuss with the Board of Commissioners the possibilities outlined above, That would provide an opportunity to explain the concept in more detail, answer questions, address concerns,.and formulate a plan which would best meet the needs of the county, Very truly yours, ô~~ THOMAS J, MAJHAN Judge of the District Court [) ß.--=- J.-4w~ WILLIAM E, HOWARD Judge of the superior Court WEH: ld cc: Doris Hardyman, President, Jefferson County Bar Members of the Jefferson County Bar Association Marianne Walters Lois Smith Mary Gaboury Association . VOL 19 rAc~447 .-. /' PETITION FOR APPROVAL OF DISPUTE RESOLUTION CENTER ORGANIZATION PLAN PETITIONER Peninsula Dispute Resolution Center (PDRC) is a non- profit corporation formed to provide dispute resolution services to the residents of Clallam and Jefferson Counties. PDRC has been recognized as the dispute resolution center for Clallam County and is requesting recognition for Jefferson County, Clallam County Commissioners have also authorized the maximum surcharges allowed under RCW Chapter 7.75, RECENT DEVELOPMENTS In November, 1992, PDRC trained thirty peninsula mediators who each paid $375,00 for the forty hour training, Now PDRC is in the process of certifying individual mediators which involves practice and role playing, questioning techniques, study of basic law and observation of other mediators, Also, PDRC is accepting mediation cases at the present time which are being scheduled through the family court branch of the Clallam County Superior Court, The center has been approved for $2,500.00 in united Way start-up funds and $2,000,00 from the Legal Foundation of Washington, In addition, the City of Port Angeles gave the center a one time $2,500,00 grant and LGIF has given a $1,200,00 grant. These are the only funds available to the center other than the surcharges, ORGANIZATIONAL PLAN Attached to this petition is the basic organizational plan for PDRC which complies with the requirements of RCW Chapter 7,75, PDRC is now seeking office space within the county large enough for two persons to operate. One would be the coordinator and the other would be a volunteer phone conciliator. Eventually we would hope to have two volunteer phone conciliators on duty at all times, On April 26, the PDRC board approved an offer by the united Methodist Church of Port Angeles to locate on the second floor of their office building. Now the board will advertise for a part-time coordinator, install a phone system and begin operation as soon as possible, A brochure is ready to be published which, until this time, has been lacking a phone number and address, That brochure will be VOL 19 rM¡~448 the primary means of advertising PORC along with the local media and talks to local organizations. REQUEST PORC requests, pursuant to RCW 7,75.020, that it be recognized as the dispute resolution center for Jefferson County. Further, PORC requests that the Jefferson County Commissioners authorize the maximum surcharge allowed under law, Submi tted this .2-G?"'day of ce ~ , , 19~ VOL 19 rAf.~ 449 ~, . PENINSULA DISPUTE CENTER RESOLUTION Port. Arlgeles, WashirlgtC>rl 98362 " . . VOL '19" 'A,r,,;: A5n .L r,.. I. ¡i \,It INDEX Þ' . Section 1. Corresponds to 7,75,020, 2A Case development forms, Documentation from first party calls through case set-up and closure, Section 2. Corresponds to 7,75,020, 2B Screening policy and procedures to assess which cases are appropriate for mediation, section 3. Corresponds to 7,75.020, 2C Procedures for giving notice of the date, time and place of the mediation sessions. Section 4, Corresponds to 7,75,020, 2D Procedures to insure that mediation is voluntary, Section 5, Corresponds to 7,75,020, 2E Procedures to obtain referrals. Section 6, Corresponds to 7,75,020, 2F Providing services to clients with special needs, Section 7, Corresponds to 7,75,020, 2G Qualifications for mediators and procedures for training and certifying mediators. . section 8. Corresponds to 7,75,020, 2H PDRC community outreach efforts, Section 9. Corresponds to 7,75,020, 3 Reporting form to Office of the Administrator of the Courts, Section 10. Corresponds to 7.75.030 Fee schedule for PDRC services. . VOL 19 rA('~ 451 . . . SECTION ONE A. INTAKE SHEET: Documents first party incoming calls or walk- ins. In addïtion to facilitating case development, it is used to collect statistical information for our policy decisions and funding sources. B. CASE RECORD: Opens a case when PDRC staff contacts a second party. These sheets cover case development and are kept to track the progress and events of each case. C. CASE LOG: Each case is assigned a number, which is registered on this sheet. D. MEDIATION WORK SHEET/SETUP FORM: These sheets are used to coordinate the mediation setup process. E, MEDIATOR SIGN OFF FORM: Documentation to close the case. 7.75.020, 2A VOL ,AI 9 45 I , ,r ~ -L. r,.,,~ 2 .. . . . INTAKE INFORMATION DATE CALL#- ] ] O[ I[ STAFF PERSON SOURCE CASE NUMBER NAME PHONE NUMBER ADDRESS SEX M F Cauc Black Hisp NatAm Asian ETHNICITY: HOUSEHOLD: S HH SHH INCOME: L M H MISC: HAND I SR CALL TYPE: [ ] CONSUMER/MERCHANT [ ] CRIMINAL/ADULT [ ] CRIMINAL/JUVENILE [ ] FAMILY [ ] CHILD CUSTODY/VISITATION [ ] OTHER [ ] [ ] [ ] [ ] [ ] PROPERTY CLAIM EMPLOYMENT SCHOOL LANDLORD/TENANT NEIGHBOR/NEIGHBOR BRIEFLY EXPLAIN CIRCUMSTANCES: REFERRED TO: '\ VOL 19 r~.f,~ 453 v . . . Date: Source: CASE RECORD Staff Person: Name of Party 1: Address: Phone: Availability: Morning MTWTFS Afternoon MTWTFS Evening MTWTFS Address: Name of Party 2: Phone: Availability: Morning MTWTFS Afternoon MTWTFS Evening MTWTFS Additional Parties: [ ] See attached sheet Type [ ] [ ] [ ] [ ] [ ] [ ] Issues: of Dispute: Consumer/merchant Criminal/adult Criminal/juvenile Family Child custody/visitation Other [ ] [ ] [ ] [ ] [ ] Property claim Employment School Landlord/tenant Neighbor/neighbor Case Number: Activity Record: Date Staff Person Case Name: Description of Contact , , \ ,', " VOL 19 f}{~ 454 CASE RECORD - ADDITIONAL PARTIES ~, party- Name: . Address: Work Phone: Home Phone: Availability: Morning Afternoon Evening M T W T F S M T W T F S M T W T F S Party- Name: Address: Work Phone: Home Phone: Availability: Morning Afternoon Evening M T W T F S M T W T F S M T W T F S party- Name: Address: Work Phone: Home Phone: . Availability: Morning Afternoon Evening M T W T F S M T W T F S M T W T F S party- Name: Address: Work Phone: Home Phone: Availability: Morning Afternoon Evening M T W T F S M T W T F S M T W T F S 8 VOL , 9 '.r.:: A5h i. r,".,¡. Lf y .' . . . DATE STAFF PERSON CASE LOG OF CONTACT DESCRIPTION VOL 19 f~C: 456 . . . SESSION# [ RESCHEDULE [ CANCEL [ ] ] ] MEDIATION WORK SHEET Phone: Case Number: Phone: Party 1: Phone: Party 2: Phone: Party 3: Additional Parties? [ ] Special Arrangements? OFFICE PROCEDURE [ ] ] Called [ ] Confirmed[ ] AM/PM possible [ ] Confirmed[ ] possible [ ] Confirmed[ ] possible [ ] Confirmed[ ] possible [ ] Confirmed[ ] possible [ ] Confirmed[ ] Party 4: Placed copy of confirmation letter in case file [ [ Sent confirmation letter to: Parties [ ] [ ] [ ] [ ] Mediators [ ] [ ] Observers [ ] [ ] VOL 19 r~C: 457 site Location Date Time Party 1 Party 2 Mediator 1 Mediator 2 Processing fee received Verified mediation data on set up form Marked case number on case calendar '8 8 8 INSTRUCTIONS: MEDIATOR SIGN OFF FORM CASE NUMBER Case number from case form; or, mediators will get a number from the supplemental hearing notice. DATE Date of case closure, May be entered by the mediators, if a mediated case. CASE NAME Case name as it appears on case record. SITE Mediation site, If case is closed in office, legal, arbitration, or by other means, write "office". CLIENT #1 & #2 Name of both clients and zip codes. ETHNICITY Circle letters of known information. MEDIATOR COMMENTS Write any pertinent information about the settlement, CASE DISPOSITION Indicate with an "X" how case was settled. Indicate specific information about rescheduled cases, continuances, or partial settlements. MEDIATORS If mediation occurred, enter names of the mediators. OBSERVERS Same as above. BEGINNING TIME If mediation was held, beginning time should be entered. ENDING TIME Same as above. TOTAL HOURS Complete if a mediation was held. VOL 19 r~{~458 . . . MEDIATOR SIGN OFF FORM Case Number: Date: Case'Name: site: Client #2 and Party: Client #1 and Party: ETHNICITY: Cauc Black Hisp NatAm Asian HOUSEHOLD: S HH SHH INCOME: L M H MISC: HAND I SR HOUSEHOLD: S=SINGLE, HH=FAMILY, SHH=SINGLE HEAD OF HOUSEHOLD Mediator Comments: ETHNICITY: C B H NatA A HOUSEHOLD: S HH SHH INCOME: L M H MISC: HANDI SR Case Disposition: ----Conciliation (office) ----written settlement agreement ----Verbal settlement agreement ----Follow-up meeting scheduled for: ----Arbitration(office) ----Legal (office) ----No settlement Mediators: Observers: Beginning time: Ending time: Total time: VOL 19 I'M;: 459 SECTION TWO . A, CASES APPROPRIATE FOR MEDIATION: Policy for evaluating cases which the PDRC may be asked to handle, B. CASES APPROPRIATE FOR MEDIATION: Procedures for implementing appropriate client policy, . . , ... , ' VOL 1n 'u, 460 !.J r",,- - . . . . 7,75,020, 2B PENINSULA DISPUTE RESOLUTION CENTER A. Policy: Cases Appropriate for Mediation 1. The PDRC will accept all categories of disputes except those involving violent crime, 2, Certain disputes may be more appropriately referred to legal counselor other agencies, 3, Some disputes, due to their complexity, potential staff involvement, and/or economic or political impact, may be referred to other dispute resolution services. B. Procedures: Determining the appropriateness of a dispute for mediation by the PDRC. 1, The coordinator shall generally determine if a case is suitable for PDRC involvement, 2. In the event coordinator is in doubt, the Board will be asked to decide, VOL 1 9 rAf,=461 . . 8 SECTION THREE A, MEDIATION SET-UP PROCEDURES: Outlines mediation case set-up. B, AGREEMENT TO ATTEND A MEDIATION HEARING: The form used by the disputants agreeing to participate in mediation. C. OFFICIAL NOTICE OF MEDIATION HEARING: Letter sent to the clients to confirm the time, date, and location of the mediation. D. SUPPLEMENTAL HEARING NOTICE: Letter sent to mediators and observers (if any) that are assigned to the case. 7.75.020, 2C VOL 19r~ff 462 . . . 6. MEDIATION SETUP 1, Establish two possible times, days and locations with the first party at the time the case is opened, Allow one week before the mediation takes place, Ask the first party'to send in restraining orders and/or any fees, 2, At the time the second party agrees to mediation, match possible times, locations and days with the other parties choices. Confirm with the second party, then the first party, 3, Contact site and make arrangements, 4. Arrange for mediation team. 5, If problems arise, go through the process again, Send parties and mediating team confirmation letters, the day prior to the mediation, Call " VOL 19, '~r~~B3 r".,. .L .' . . . PENINSULA DISPUTE RESOLUTION CENTER AGREEMENT TO ATTEND A MEDIATION HEARING I agree to use mediation to resolve my dispute and I have duly commisioned the Peninsula Dispute Resolution Center (PDRC) to provide the service. The hearing has been set as follows: DATE: TIME: AM/PM LOCATION: OTHER: I understand that the Peninsula Dispute Resolution Center (PDRC) is a non-profit agency organized under state law to provide mediation services to the community, I recognize that mediators donate their time and often travel long distances at their own expense to attend the mediation sessions, I agree to appear at the mediation session scheduled and to contact the PDRC promptly if I have any questions concerning my appointment. I further understand that children are not permitted in a mediation session without prior approval. Dated this----day of 199_. CLIENT NAME (please print) CLIENT SIGNATURE 1, 2, 3, 4. VOL 19 r~~~ 464 PENINSULA DISPUTE RESOLUTION CENTER OFFICIAL NOTICE OF MEDIATION HEARING NAME OF PARTY 1 NAME OF PARTY 2 NAME OF PARTY 3 NAME OF PARTY 4 Whereas the above named parties have agreed to mediate their dispute and have duly commissioned the Peninsula Dispute Resolution Center to provide the mediation service, a hearing has been set for the following date, time, and place: Hearing Date: Hearing Time: Location: Address: Trained mediators volunteer their time, alter work schedules, and travel many miles, Please be prompt and be prepared to reach a resolution, Except for an unseen emergency, a cancellation requested after receipt of this confirmation notice may necessitate assessment of a reasonable fee to cover site and mediator costs, Children are not to attend mediation hearings unless they are key members of the dispute and the peninsula Dispute Resolution Center has approved their attendance in advance of the session. If you have any questions, please call the staff at the PDRC, Th~nk you, ,- -'. . '. VOL 19 r~f/ 465 . . . DATE: NAME OF PARTY 1: NAME OF PARTY 2: NAME OF PARTY 3: NAME OF PARTY 4: SUPPLEMENTAL HEARING NOTICE CASE NUMBER: PHONE: PHONE: PHONE: AM/PM PHONE: MEDIATION TEAM INFORMATION: DATE: TIME: SITE: ADDRESS: MEDIATOR 1: MEDIATOR 2: OBSERVER 2: OBSERVER 1: BE AT THE MEDIATION SITE 1/2 HOUR BEFORE THE SCHEDULED TIME OF THE MEDIATION. COPIES TO: MEDIATOR 1 MEDIATOR 2 OBSERVER 1 OBSERVER 2 VOL 19 fY;: 466 SECTION FOUR A. OPENING STATEMENT CHECKLIST: Helps insure that the mediators share impðrtant information and gets the procedure started. B. MEDIATION AGREEMENT: Signed by both parties in mediation to acknowledge, among other things, that mediation is voluntary, (see also 7.75.020,lAjlA) C, THE SETTLEMENT AGREEMENT: Should be signed by all parties upon settlement and the second page used as an exhibit or addendum if necessary, D. MEDIATOR OBSERVATION FORM: All observers will complete this form and file it with the office after completion of an observation. E, THE MEDIATION PROCESS: This document will be mailed t"'ótß« parties along with the initial mediation notices. VOL 19 rM/ 467 7.75,O20,2D OPENING STATEMENT CHECKLIST INTRODUCE yourself and all parties. Explain all roles. COMMEND participants for their use of mediation, Remind all parties that mediation is a VOLUNTARY PROCESS. > Are parties present voluntarily? Are there court orders? > How were they referred? > Are all parties present? Mediation is a CONFIDENTIAL process > Felony abuse is an exception and must be reported, > Mediators cannot be required to testify, > All mediator notes will be destroyed, The role of the mediator: > To be an impartial facilitator, not an advocate or judge, > To assist parties in arriving at their own solutions, The role of the parties: > To mediate in good faith; be willing to listen, to share all pertinent information, to keep an open mind, and be willing to negotiate without holding to a fixed position, > To abide by rules of common courtesy; no interrupting or using inflammatory language. The process: (explain each stage) > Client opening statement and response period. > Developing an agenda, > Negotiating issues and interests, > Caucus (optional), Explain confidentiality and > Settlement agreement, Forms, Their agreement, binding, Would hold up in a court of law, use. Legally Time constraints? Questions? Mediation agreement: > Give a copy to each side, Read aloud, > Have all parties and mediators sign. > Distribute copies to all parties, Determine which party begins and get started, VOL 19 ¡-~r;; 468 MEDIATION AGREEMENT In consideration of receiving services from the Peninsula Dispute Resolution Center, I agree to enter into this mediation in good faith. I will sincerely attempt to resolve this dispute, agree to cooperate with the mediator(s) assigned to this case, and give serious consideration to all suggestions made in regard to developing a realistic solution to the problem. I understand that mediators assigned to this case will not be serving as advocates, attorneys, or judges, Their sole function is to act as neutral facilitators. Any agreements or decisions resulting from this mediation session are entered into voluntarily and by mutual acceptance of the disputants. I agree that mediation sessions are confidential settlement negotiations and that all offers, promises, conduct, and statements, whether written or oral, made in the course of the proceedings are inadmissible in any litigation or arbitration of this dispute, to the extent allowed by law. However, matters that are admissible in a court of law continue to be admissible even though brought up in mediation session. I also agree not to subpoena or require any mediator to testify or produce records, notes, or work product in any future proceedings and that no recording or stenographic record will be made of the mediation session. Mediation Client Date Mediation Client Date Mediator Date Mediator Date Observer Date Observer Date . VOL 19 r~{:469 PENINSULA DISPUTE RESOLUTION CENTER SETTLEMENT AGREEMENT WE having participated in a mediation session (s) on and being satisfied that we have reached a fair and reasonable settlement, hereby agree as follows: WE intend the above agreement to be a legally binding and enforceable settlement contract, (our initials) WE are unable to reach agreement on the following issues and these issue are not a part of ou~ mediation agreement: DATED this day of '\ , 199_, . \ VOL .1 9 r~r,ç 470 PENINSULA DISPUTE RESOLUTION CENTER SETTLEMENT AGREEMENT Page " , VOL ffl rAC~m PENINSULA DISPUTE RESOLUTION CENTER OBSERVATION FORM Observer Date Time Mediator(s) ENTRY: No show? Extra People? Neutral entry? Comments: OPENING STATEMENTS: (Check as covered) Introduced mediators Introduced observers congratulations Confidentiality Neutrality Mediator's role Notes Good Faith Process Caucus Settlement Time Forms Comments: CLIENT 1 CLIENT 2 Please use the back of the page for opening Statement notes. Here, in simple terms, list each client's issues, interests and conduct, ISSUES: ISSUES: INTERESTS: INTERESTS ". " CONDUCT: CONDUCT: OBSERVATION FORM PAGE 1 VOL 19 r~T)~472 AGENDA BUILDING/NEGOTIATION Resolution possible? What are the roadblocks What were the turning points? What would you have said or done differently? What did you like about the mediator's approach or wording? CAUCUS Was caucus effective? Why/why not? What would you have said or done differently? What did you like? SETTLEMENT? Yes [ No [ ] Please mark yes or no below, Did clients have equal input into agreement language? Did mediator(s) write the agreement and verify? Did each party sign and receive a copy of the agreement? What would you have done differently? What did you like? ARBITRATION FORMS: Distributed? Understood? Completed? DID THE MEDIATOR(S): Please mark yes or no, Keep the session on track? Summarize periodically? Remain neutral? Recognize and act on movement? Comments on mediator's role: Summary of session: VOL .19. , U. ~ A 7.3 ' r,.,,; Lf . OBSERVATION FORM PAGE 2 PENINSULA DISPUTE RESOLUTION CENTER THE MEDIATION PROCESS What is mediation? Mediation is a confidential, voluntary process in which iapartial, professionally trained people help parties in a dispute reach an inforled, lutually acceptable and durable settlelent to resolve a problel(s). Unlike an arbitrator who independently lakes a legally binding decision for the parties, lediators assist the parties in reaching a settlelent by helping thel understand the issues and facts of the case and by providing a safe environlent in which to negotiate. Once all positions are on the table, the lediators assist the parties in: Participating in a leaningful discussion of the issues; Exploring alternatives not previously considered; Coltunicating positions or proposals in understandable or lore acceptable tertS; Understanding the other party's view concerning a particular issue without violating trust; Identifying what is important and what is negotiable; and Structuring a settleaent to resolve current problelS and to leet future needs of both parties. What is necessary in order to mediate? The following conditions lust be let in order to pursue lediation: Both parties lust recognize that there is a dispute; Both parties lust voluntarily agree to lediate; Both parties lust be willing to follow rules of colton courtesy; Each party lust be capable of taking a decision and following through on a settlelent agreelent; and All parties necessary to lake an agreelent lust be able to attend the lediation conference. How do I Begin the mediation process? If an individual is interested in pursuing lediation with the Dispute Resolution Center, he/she lust contact the Center by telephone or Jail. At that tile, the Center's staff will ask for background iftforlation on the case. Infonation requested will include the nales, telephone nUlbers and addresses of the parties involved and a brief description of the dispute. The Center will contact all the parties to coordinate tiles and dates for the lediation. . , Post Office Box lO34*Port Angeles, WA 98362 HOW can.l prepare 1:or meUlaL.LOn::: ItelS to consider before your lediation takes place: Identify all the issues involved in the dispute; Recognize the lilits of the given situation (e.g., wbat one can realistically expect in teras of tile lilits, available resources, legallilitations and costs); Identify your needs and interests in settling the dispute; Prioritize the issues in ligbt of your needs; Make your proposal reasonable and legitilate and be willing to satisfy the needs of the other party; Detenine the strengths and weaknesses of your case; Review the other party's needs and interests; and Focus on the interests, not the positions, of eacb party. What can I expect during the mediation? Mediators I Opening statement: The lediators will lake introductions and explain the ground rules and procedures of the lediation process. Client Initial statements: Eacb party will be allowed to give bis/ber view of the dispute and to present to the lediators wbat be/sbe needs to bave resolved during the lediation process. Client Responses: After each party bas presented his/her view of the situation, each party is given the opportunity to respond to previous statelents and clarify the issues and interests in the dispute. Agenda Building: Following the client responses, the lediators will spend tile with the parties and build an agenda (list) of the issues that need to be addressed during the lediation. Negotiations: After the issues and interests have been identified through the agenda building process, the lediators will assist each party in identifying options which lay be acceptable to aillediation parties. Caucus: At any point in the lediation process, the lediators lay choose to call a caucus. The Jediators willleet privately with each party to assist thel in identifying issues and interests which JaY be hindering the Jediation process. Either party in the dispute lay also request a caucus. Settlement Agreement: Provided that all parties have reached an acceptable decision on the issues and interests identified on the agenda, the parties will develop a written agreelent which outlines the agreelents and solution to the conflict. This agreelent JaY serve as a legally binding contract enforceable by a court of law. Dispute: The act of disagreeJent. .. Good Faith: Being honest, disclosing all relevant intonation, listening to all sides and considering all serious options for resolution. Interests: The party's elotional concerns and personal feelings related to the situation and to the conflict. . \, Issue: Tbe point under dispute; the base of conflicl. . ~: The individuals involved in a dispute or conflict wbo agree to lediate. settle.ent: Solution to the conflict; established agree.ent between the parties. DEFINITIONS \,', ., VOL 19 r~r¡:474 '8 8 8 SECTION FIVE A. REFERRAL FORM: Document that referring agencies use to forward cases to the PORCo B. OUTREACH FORM: Used by outreach staff persons to collect information on individuals, businesses and agencies which could potentially refer clients to the PORCo C, COMPUTER ENTRY FORM: Used to add and update PORC public relations list for direct and mass mailings. VOL t 9 r~r;' 475 . . . 7,75,020, 2E PENINSULA DISPUTE RESOLUTION CENTER CASE REFERRAL Referring source: Contact Person: Date sent: Agency case # Type of referral: Mandatory closure and return date: PARTY #1 Name: Address: Phone: PARTY #2 Name: Address: Phone: Date received: PDRC Case Number: PDRC Mediators: Mediation results: Date returned to source: 1,'01- 19 r~r,,476 . . . OUTREACH FORM City/community: Court/dept/agency: Contacted person & title: Chief officer: Others: Address: Phone: Results of contact? Further action? On P.R. list? Follow up contact? VOL 19 rv]~477 BY: DATE: COMPUTER ENTRY FORM . [ ] New Name: [ ] Change [ ] Volunteer Address: [ ] Applicant [ ] Client Phone (w /h): / [ ] PR list Date Date Trg. App, request Mock Training session certification Test received 10 med, review Interview 25 med. review Acceptance Volunteer reactivate Non-acceptance Volunteer inactive Number of observations to date: . Number of co-mediations to date: Other: 8 , .. VOL 19 t,F:: 478 . . . SECTION SIX A. PDRC POLICIES CONCERNING CLIENTS WITH SPECIAL NEEDS: Contains a discussion of PDRC policies for accommodating clients with special needs, B, The Peninsula Dispute Resolution Center has access to volunteer translators and persons knowing sign language. Additionally, most courts in Washington keep files of translators and signers which they are most often willing to share with Dispute Resolution Centers. If the PDRC cannot provide the necessary services, or if the clients prefer, clients are encouraged to arrange their own persons for translation and signing. All mediations can easily be scheduled in facilities that are handicapped accessible. Intake personnel ask clients if they have any special needs, and the PDRC can easily accommodate them. 7.75.020, 2F VOL 19 rv::479 . . . A, SECTION SEVEN MEDIATOR TRAINING AND CERTIFICATION PROCEDURES: Outlines the certification procedures for potential PDRC mediators, B, VOLUNTEER APPLICATION: To provide information on volunteers and screen potential volunteers in our program, C. PRACTITIONER JOB DESCRIPTION: Identifies duties and criteria for volunteer positions, " 7,75.020, 2G VOL 1 9 r~Ç ~80 . . . A, PENINSULA DISPUTE RESOLUTION CENTER MEDIATOR TRAINING & CERTIFICATION PROCEDURES To be eligible for a training certificate a person must: 1, 2. Attend the PDRC 40 hour training session, Satisfactorily complete the PDRC take home essay test. B, To be certified by the PDRC as a mediator a person must sequentially: 1- 2. Complete section "A" above. Apply to the PDRC for a position as a volunteer mediator. Agree to volunteer in the program for one (1) year following certification. Be recommended by the training coordinator, Complete an orientation with the Program Director and Training Coordinator. Serve in the observer role for at least six (6) or more mediations. Satisfactorily mediate a mock mediation, Evaluation to be performed by a certified practitioner mock critiquer. Mediate in PDRC assigned mediations until deemed satisfactory for certification. Evaluation to be performed by at least one (1) certified mediator per session. Recommendation of the Training Coordinator and approval of the Director. 3. 4. 5. 6, 7, 8. VOL '19, '.,. A81 - r;.;:' ~ INDIVIDUAL MEDIATOR CERTIFICATION Name: Address: Telephone No: OBSERVATIONS Date Place Mediators particinants MEDIATIONS Date Place Mediators particinants GRADED MOCK MEDIATION '.!.!) , o~ 0 "0-'.1 Or) ttJi ::,~; Ii",!: . . 8 PENINSULA DISPUTE RESOLUTION CENTER VOLUNTEER APPLICATION Name: Address: Phone (hm/wk): / The following questions will aid you and the PDRC to assess your suitability as a volunteer. All of the information is strictly confidential and will not be shared with anyone other than our staff. Please be candid. utilize this application as a tool for your own evaluation of your ability to involve yourself in this program. 1. How long have you lived in the area? 2. How long do you expect to remain in the area? 3. List your education background: School Date Diploma/degree 4. List your work experience: Employer Date Position/duties 5. Why are you interested in volunteering for the PDRC? any skills that may be valuable to the PDRC. List VOL '" p 1183 I ,~ 'J-. - ft. .. .L U r;¡':":t . . . . resol 6, List previous experience in the alternative dispute ution field. 7, Have you ever been convicted of a felony? 8, will [ ] [ ] [ ] [ ] [ ] [ ] you commit to: at least 1-2 mediations a month filling a 4 hr/wk intake shift filling as needed attending six in-service meetings yearly learning relevant material, resources & information volunteering for at least one year 9. List two personal references (other than a relative) Name: Name: Phone: 10. Person to call in emergency: Phone: Name: Address: Phone: Applicants signature Date VOL 1 9 rAr: 484 . . . PENINSULA DISPUTE RESOLUTION CENTER JOB DESCRIPTION - MEDIATOR TITLE: Volunteer community mediator IMMEDIATE SUPERVISOR: Program director of the PDRC ASSOCIATION: Peninsula Dispute Resolution Center GENERAL FUNCTION: process, Act as a neutral third party in a mediation REQUIREMENTS: Must be over 18 years old. Require 40 hours of mediation training by the PDRC or an equivalent approved by the Program Director, PRINCIPLE ACTIVITIES: > Perform mediators role in assigned mediations, > Attend required training and in-service sessions, > Assist in the training of new volunteers, > Maintain mediation/observer forms and return them to office in a timely manner. EFFECT ON END RESULTS > Help meet the program goals and objectives, > To maintain effective and relevant client services, I have reviewed this position description and its principle activities and end results and am aware of what is expected of me, Signature ,'. " VOL ., .'., 8 '1 ~ ,.. , L ~ dl;' 4l 5 SECTION EIGHT A. BROCHURE: Attached is a draft of the PDRC Brochure, B, PDRC NEWSLETTERS: When fully operating the center intends to publish its own newsletter and will also conduct mediator and conciliator training on a regular basis, VOL 1 g'" 4GR . , ~r " . .L r ,. , ;' . ',- l. What is a Dispute Resolution Center? 0', I ' fI. ¡¡:¡;;:.lVl.fL Peninsula Oisptle. Resolution Center (PORC) was founded to provide low cost confict resolttion services to the North Olympic Peninsula. Court proceedings are expensive and time-consuming ways to settle disputes. PORC offers an alternative. PENINSULA DISPUTE RESOLUTION CENTER Mediation services are voluntary and confidential. PORC does not offer counse6ng, therapy or give legal advice. ~Trained mediators 6sten ,- carefully to bOth parties and promote communication ¡.....ßetween them. The meÓlator's CCjhb is net to decide who is right î',.: 0( wrong, btl to assist the clients C'; in reaching their 0NI1 solution. ~ ~greements are put into writing ~nd signed by al parties. The resulting docLment can be legally binämg. It is, however, an agr~rnthathasbeen reached by the parties involved, net one that has been imposed by the mediatcr, the court system or other outside " interests. ~ ~ ~ ~ ¡~¡ .!~ Æ~& ~ United Way ~ Please can the PORC if you have any questions. 46x-xxxx PENINSULA DISPUTE RESOLUTION CENTER P.O. Box 1034 Port Angeles. WA 98362 Phone: 4ðx-xxxx Med iation Professionally trained volunteer mediators meet with parties in a safe setting to assist them in reaching mutually agreeable solutions. The parties maintain control over the dispute and the solution; the mediator faciJit ates the process. What kinds of disputes are handled? Almost any dispute can be mediated. The following disputes are often successf ully media ted: Neighbor/Neighbor Landlordff enant Consumer/Merchant StudentlParentIT eacher Child CustodvMsitation Parenting Plàns Emplol,Jer/Emplovee Debtor/Creditor Small Claims CourtlAgencv Referrals Land/Propertv Use Ar b itration In suitable cases arbitration is available as an alternative method of dispute resolution. Both parties present their side to a neutral third party who then makes a legally binding decision. Speakers Speakers and demonstrations of the mediation process can be provided to schools. service clubs, agencies, and other organizations. Phone Conciliation PDRC telep'hone staff acts as an impartial go-between in halping parties work our their differences. This is an effective tool when communication between parties has broken down. Train ing Basic conflict resolution skills training is available to inãrviduals, organizations, and potential PORC volunteers. Fees Fe~ for mediation services are on a sliding scale based on income levef. Fees are much less then usual attorneys fees, No o"ne will be turned away for lack of abiity to pay. ---, ~~INSULA DISPUTE RESOLUTION CENTER NEWSLETTER MARCH 16. 1993 MEDIATOR TRAINING Peninsula Dispute Resolution Center trained thirty volunteer mediators in November, 1992. Since that time, the trainees have been attending further sessions working toward certification. The subsequent training has included mock mediations along with lectures on dissolutions, parenting plans and child support issues, Also we have conducted several mediations which have been successful. MEDIATOR TRAINING Peninsula Dispute Resolution Center does not have plans for further mediator training at this time, possibly such training may be offered later in the year, Kitsap Dispute Resolution Center is offering mediator training on April 16, 17 and 18 and April 24 and 25, 1993 in Silverdale. The price is approximately $400.00, The trainers are the same ones who carne to Clallam County in November and conducted the PDRC training. If anyone is interested in the Kitsap Training, please contact the Kitsap Dispute Resolution Center at 377-4225. Carol Knebes is already signed up and it is possible that others may want to join in a carpool arrangement. JEFFERSON COUNTY Word from Jefferson County is that the Jefferson County Commissioners will be establishing the surcharge and recognizing Peninsula Dispute Resolution Center as THE dispute resolution center for that county also. This will provide additional funding and give us at least a minimal amount with which to conduct a center. We are excited about the possibility of offering services to both counties and are now moving forward with the hiring of a coordinator, P.O. BOX 1034, PORT ANGELES, WA 98362 VOI- 1("'\ : ~J 'Ar,' A G. . 8.,.. u rr',. '1:". \. ... BUILDING/COORDINATOR The board is awaiting word on possible space to rent for àn office, We have held back hiring a coordinator until we could locate office space, but the board is now moving forward to advertise for a part-time coordinator, ,Tentatively the position will encompass approximately 20 hours per week and will pay $850,00 per month with DQ benefits, Persons interested may contact the Family Court Clerk at 452-7831 Ext, 521 or write to the dispute resolution center at the address below. NEEDS AND WANTS Since we are attempting to form an office on a shoestring budget, we would be interested in donations of office materials and equipment, We will be needing a desk or desks, conference table and chairs, telephone answering machine, typewriter, computer, printer, fax machine, bulletin board, file cabinet and anything else that you might see around your office that you think we don't have, If you have any items that you would like to donate, please contact PDRC through the Family Court Clerk at 452- 7831 Ext, 521, which is our only means of communication until we find an office, P,O, BOX 1034, PORT ANGELES, WA 98362 VOL 19 f-W 4:"'Q . . . SECTION NINE A. OAC REPORTING: The office for the Administrator of The Courts provides forms annually for dispute resolution centers to report their càses and results. SECTION TEN A. FEE SCHEDULE: PDRC will be adopting a fee schedule based upon a sliding scale. All participants will be required to pay at least a minimum of $5.00 for each session although, even in extreme cases, that requirement may be waived. The purpose of the fee schedule is not only to generate funds for the organization but to require the participants to invest personally in the process. 7 . 75. 020, 2H VOL 19 r,V'~ 4gn PDRC MEDIATION FEE SCHEDULE The guidelines below set forth the fees required ofFP each person for each mediation session which is expected to last approximately two hours, $0 - $7,500,00 $7,500,00 - $15,000.00 $ 5.00 $10,00 $15,000,00 - $22,500,00 $22,500,00 - $30,000,00 $30,000,00 and up $20,00 $30,00 $40,00 All fees should be paid prior to the beginning of each mediation session, " VOL )1 g. M nj 1 r~i q,;j.