HomeMy WebLinkAboutMINUTES - 08072001 - C.79 `4'
TO: BOARD OF SUPERVISORS
FROM: JOHN SWEETEN
County Administrator
DATE: August 7, 2001
SUBJECT: REPORT ON COUNTY'S DISPUTE RESOLUTION PROGRAM
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
AUTHORIZE the County Administrator, or his designee, to execute a contract with The Center for Human
Development and The Congress of Neutrals, in the amounts of$60,000 and $30,000 respectively,to provide
Small Claims Mediation Services for the dispute resolution program from August 1, 2001 through December
31, 2002.
FINANCIAL.IMPACT:
The Dispute Resolution Program is fully revenue offset by funds generated from an eight dollar filing fee on
civil actions.in the Superior Court. No County general funds are involved.
REASONS FOR RECOMMENDATION/BACKGROUND:
The Dispute Resolution Program Act of 1986 (Business and Professional Code Sections 465,et seq.) provided
for the establishment and funding, at County option, of local dispute resolution services as an alternative to
formal court proceedings. The Act authorized participating counties to increase Superior, Municipal and
Justice Courts filing fees from one to three dollars for the purpose of funding the local dispute resolution
programs.
On January 1, 1987, the Board approved the County, s participation in the program and authorized a three-
dollar increase in court filing fees. The Dispute Resolution Advisory Committee was created by the Board to
consider implementation strategies and funding guidelines appropriate for Contra Costa County.
CONTINUED ON ATTACHMENT: X YES
Signature•
(T
✓Recommendation of County Administrator.
_ Recommendation of Board Committee
__t-Approve _ Other
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Si nature(s):
Action of Board on: Approved as Recommended ( Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent[] ". AND ENTERED ON THE MINUTES OF THE
Ayes:_ Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent:_ Abstain:_
Attested: 14,kj 7, c9n
cc: CAO-Justice System Programs John Sweeten, Clerk of the Board of
(for distribution) of Supervisors and County Administrator
County Dispute Resolution /r
Advisory Committee By: f 1 � t� DEPUTY
Contact: Jennifer Deadman 335-1055
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Page Two (2)
August 7, 2001
The State reissued the California Dispute Resolution Program Act in 1998 and authorized counties to allocate
up to $8.00 from filing fees to generate new revenues forthese local programs. Effective January 1, 1999, the
dispute resolution portion of the civil filing fee in Contra Costa County increased from $3.00 to $8.00. The
increase was approved by the Board of Supervisors pursuant to a request by the Superior Court.
For calendar year 2001, the Superior Court identified a new priority for a pilot project in Small Claims
Mediation that was included in the Request For Proposal (RFP) issued October 31, 2000, with $30,000 of
available funding. Two applications totaling $46,520 were submitted on November 30, 2000. One
applicant offered a "pre-hearing" model for $30,000, the other applicant proposed a "same-day" model for
$16,520. The Advisory Committee referred the decision back to the Courts for review and recommendation.
Additional funding of $61,939 became available due to savings from prior year contracts. These additional
funds make the current total of available funding $91,939.
After an extensive review,the Superior Court recommended and the Dispute Resolution Advisory Committee
concurred that both agencies be funded for the Small Claims Mediation pilot program. The Center for
Human Development will receive $60,000 and The Congress of Neutrals will receive $30,000. Both
agencies will provide "pre-hearing" and "same-day" mediation services. The Superior Court proposes 17-
month contracts from August 1, 2001, through December 31, 2002. The two agencies will not submit
applications for the 2002 funding cycle, but instead will submit "Interim Progress Reports" in November
2001 and May 2002. Funding for the full contract period will be contingent on the success of the programs
as delineated in the interim progress reports. Continued funding after December 31, 2002,will be limited to
the Courts $5.00 portion of revenue from the $8.00 civil filing fee.
The goal of the Small Claims Mediation Program is to provide an alternative forum for small claim litigants
who have a prior, current, and/or futures working or personal relationship,to mutually agree on a resolution.
Because the resolution is mutually agreed to it is more likely to be honored because the parties have made
their-own decision.