HomeMy WebLinkAboutMINUTES - 12162008 - C.87 sE--L .o
TO: BOARD OF SUPERVISORS Contra'�'
FROM: DAVID TWA, County Administrator Costa
DATE: December 5, 2008 County
srA,coun'�
SUBJECT: APPROVE COUNTY DISPUTE RESOLUTION PROGRAM CONTRACTS FOR 2009
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS)
APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts totaling $210,000 with the
following agencies for the County Dispute Resolution Program for the calendar year 2009:
Agency Service Category Amount
Center for Human Development General Dispute Resolution $ 55,000
Guardianship Mediation 47,500
$102,500
I Congress of Neutrals General Dispute Resolution $ 12,500
Small Claims/Unlawful Detainer/
Civil Harassment Mediation 95000
$107,500
2009 Total Funding $210,000
CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR UP RECOMME DATION OF BOARD COMMITTEE ❑
Q A-PPR0VE ❑ 'OTHER
SIGNATURE(S):
ACTION OF BOA D N
APPROVED A ECOMMENDED ❑ OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS (ABSENT 1-bre ) ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: December 16, 2008
Contact: Timothy M. Ewell (5-1036) DAVID TWA, CLERK OF THE BOARD OF
cc: Dispute Resolution Advisory Committee via CAO SUPERVISORS AND COUNTY ADMINISTRATOR
CCC Superior Court-ADR Coordinator via CAO
Auditor-Controller(A/P)
By: '- Deputy
APPROVE COUNTY DISPUTE RESOLUTION PROGRAM CONTRACTS FOR 2009 Page 2
FISCAL IMPACT
No Net County Costs. Program costs offset by$8.00 filing fee on civil actions filed in the Superior Court.
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 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.
From 1989 through 1998, the Advisory Committee solicited proposals for funding under the Dispute Resolution
Programs Act of 1986. The purpose of the funding is to encourage the establishment and use of local dispute
resolution services as an alternative to formal Court proceedings. The program operates under the provisions of the
Dispute Resolution Programs Act.
In 1998, the State updated the California Dispute Resolution Program Act.and authorized counties to allocate up to
$8.00 from filing fees to generate new revenues for these 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.
The Dispute Resolution Advisory Committee received two applications in response to a Request for Proposals (RFP)
issued on October 31, 2008 for two calendar years (2009 & 2010). The Committee met on December 5, 2008, to
consider funding of the County's dispute resolution programs for calendar year 2009 and voted to fund both agencies
at the levels described below. Funding to both agencies in 2010 will be based on a reviewed of performance goals in
calendar year 2009.
The following is a brief description of each program:
Center for Human Development-$102,500
General Dispute Resolution — Community Mediation Proiect will provide mediation and conciliation to landlords and
tenants, consumers and merchants, neighbors, public agencies, citizen groups, families, animal disputes, family
transition, and organizations. Specialty services include group facilitation, mediator training, real estate mediation,
conflict resolution skills training for agencies, and business mediation and consultation. ($55,000)
Guardianship Mediation will continue to offer mediation services with a panel of two mediators to clients referred by
the Courts for resolution of child custody and visitation issues in Guardianship Matter. Mediations will be held in the
Martinez Family Law Building. Services include referral, telephone conciliation, and mediation. ($47,500)
Congress of Neutrals -$107,500
General Dispute Resolution — Self Represented Litigants (SRL) Mediation will provide certified law student and
volunteer mediators to assist the Small Claims Advisor in the community to provide information, assistance and case
development for mediation and Alternative Dispute Resolution in the community, and where requested, to provide
mediations for said litigants. In 2009, this program aims to work with court officers in Civil and Limited Civil hearings to
offer dispute resolution services prior to the beginning of hearings. ($12,500)
Small Claims/Civil Harassment/Unlawful Detainer Mediation for all braches of the Superior Court; to improve court
efficiency; assist court staff and reduce court caseload. Introduce disputants to the principles of conciliation and
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APPROVE COUNTY DISPUTE RESOLUTION PROGRAM CONTRACTS FOR 2009 Page 3
negotiated settlement; mediations will be done at the court, prior to the court hearing and/or on the day of the court
hearing. The Congress will recruit and train community volunteers, certified law students and attorneys as mediators.
This project will continue the Superior Court's high quality of Alternative Dispute Resolution and conflict management
programs. ($95,000)