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HomeMy WebLinkAbout02-045RESOLUTION NO. 02-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON RELATING TO THE PORT TOWNSEND DISPUTE RESOLUTION PROGRAM ESTABLISHED BY ORDINANCE 2817, APPROVING A PLAN FOR ESTABLISHMENT OF A PROGRAM FOR MEDIATION AND SETTLEMENT OF DISPUTES AS DESCRIBED IN THE PROGRAM PLAN ATTACHED TO THIS RESOLUTION, AND FURTHER FINDING THAT SUCH PLAN MEETS THE REQUIREMENTS OF RCW 7.75.020(2) WHEREAS, Ch. 7.75 RCW (Court Improvement Act of 1984) requires that before a municipally-sponsored dispute resolution program established under the Act begins operation, the legislative body of the sponsoring municipality shall first approve a plan for the program's operation which adequately prescribes the procedures for mediation and settlement of disputes required by RCW Section 7.75.020(2); and WHEREAS, Ordinance 2817 creating the Port Townsend Dispute Resolution Program authorizes the City Council, by resolution, to approve the program's plan and finds that it is consistent with the requirements of RCW Section 7.75.020(2); and WHEREAS, the Program Plan attached to this resolution contains the plan for operation of the Port Townsend Dispute Resolution Program along with sample forms for its implementation, NOW, THEREFORE, BE IT RESOLVED by the City of Port Townsend as follows: Section 1. The City Council of the City of Port Townsend finds that the Program Plan for the Port Townsend Dispute Resolution Program attached hereto as Exhibit "A" adequately prescribes the standards and procedures required for operation of a dispute resolution program established under Ch. 7.75 RCW and as required by RCW Section 7.75.020(2). Section 2. The City Council for the City of Port Townsend hereby approves said Program Plan (Exhibit "A") for use in the operation of the Port Townsend Dispute Resolution Program. Section 3. The City Manager is authorized to develop and prescribe appropriate forms and other operational aids for implementation of the Program Plan approved in Section 2 of this resolution. Section 4. The City Manager is authorized to appoint mediators and facilitators who meet the qualifications of the program plan. The City Manager shall form and seek input from an interview panel of at least five interested citizens, which panel shall include at least one member of the City Council, and (when formed) one appointed member from the dispute resolution program. Attest: Pamela Kolacy, CMC [~ City Clerk ,v ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this f.~ day of November, 2002. Kees K~o f;:-~a~yor ~ Approved as to form: John P. Watts City Attorney Page 2 Resolution 02-045 EXECUTIVE SUMMARY Dispute Resolution Program Plan The attached Dispute Resolution Program Plan summarizes the standards and procedures required for operation of a dispute resolution program established under Chapter 7.75 RCW. This plan accurately reflects program policies. Included are samples of the forms and operational aids required for policy implementation. Forms may be modified by the mediator/facilitator or the parties, or dispensed with, as appropriate to the situation or matter. City of Port Townsend DISPUTE RESOLUTION PROGRAM PLAN Effective The attached program plan is organized under the guidelines outlined in Ch. 7.75 RCW, which discusses the criteria for establishing dispute resolution centers in Washington. CONTENTS The information in this proposal is organized into 13 sections. Each section corresponds to a specific requirement of Ch. 7.75 RCW. Included at the beginning of each section are the following: 1) The relevant text from Ch. 7.75 RCW, and 2) An explanation of how the material complies with Ch. 7.75 RCW. Section 1 Copy of Ch. 7.75 RCW. Section 2 Corresponds to Ch. 7. 75. 020 RCIC, 2.4 Case development forms to document and respond to requests for dispute resolution services. Includes forms to track, schedule and close cases. Section 3 Corresponds to Ch. 7. 75. 020 RCW, 2B Screening policy to assess which cases are appropriate for dispute resolution services. Section 4 Corresponds to Ch. 7. 75. 020 RCW, 2C Procedures for giving notice of the date, time and place of mediation sessions. Section 5 Corresponds to Ch. 7. 75. 020 RCW, 2D Procedures to ensure that conflict resolution services are used voluntarily. Section 6 Corresponds to Ch. 7. 75. 020 RCW, 2E Procedures and forms to obtain referrals. Section 7 Corresponds to Ch. 7. 75. 020 RC~ 2F Policy to provide services conveniently and to clients with special needs. Section 8 Corresponds to Ch. 7. 75. 020 RCW, 2G Plan for recruiting, training and monitoring mediators. Policy statement regarding mediator qualifications and certification. Section 9 Corresponds to Ch. 7. 75. 020 RCW, 2H Outreach and educational brochures, forms and procedures. Section 10 Corresponds to Ch. 7. 75. 020 RCW, 3 Reporting form to the Office of the Administrator for the Courts (OAC). OAC's definition of terms. Section 11 Corresponds to Ch. 7. 75. 020 RCW Policy regarding fees. Section 12 Corresponds to Ch. 7. 75. 040 RCW, IA & lB Mediation consent and settlement forms. Section 13 Corresponds to Ch. 7. 75. 060 RCW Form to note voluntary withdrawal from mediation. RCW 7.75.020, 2A "Procedures for filing requests for dispute resolution services with the center and for scheduling mediation sessions participated in by the parties to the dispute." Narrative Requests for services may be made by phone, in writing, or by visiting the mediation office (City Manager's Office). Requests may come from a party to the dispute or through another private or government agency. 2 During the intake process, a PTDRP staff or volunteer explores the nature of the complaint, its suitability for mediation services and the party's willingness to work cooperatively to resolve the matter. Statistical and demographic information is collected on all calls. [Form 1 ] If the case appears to meet the criteria for appropriateness, contact information is collected for the first party and any additional parties. Supplying this information is voluntary and not necessary to receive services. Three basic services are offered. At the first level, PTDRP empowers the client to resolve the situation on his/her own. Secondly, when appropriate, PTDRP contacts the second party to the case and attempts to increase understanding and resolve the dispute through telephone or personal contact. [Form 2] The third service that is offered is table mediation, when the parties are brought together with mediator(s) to discuss and resolve the situation. Direct advice or assistance to one or more of the involved parties is the preferred option. Direct advice or assistance to one or more of the involved parties (facilitation) requires adherence to standards require adherence to table mediation processes (for example, Form 14 - The Eight Stage Mediation Process Checklist). Service will be provided by either "facilitators" or "mediators" or others depending on what level of service is provided. Mediation would only be provided by trained or experienced "mediators." The amount of information collected and the number and sequence of forms used depends on what level of service is provided. Disclosure of Conflicts of Interest (a) Before accepting a mediation, an individual who is requested to serve as a mediator or facilitator shall: (1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator or facilitator, including a financial or personal interest in the outcome of the mediation or facilitation and an existing or past relationship with a mediation or facilitation party or foreseeable participant in the mediation or facilitation; and (2) disclose any such known fact to the mediation or facilitation parties as soon as is practical before accepting a mediation or facilitation. (b) If a mediator or facilitator learns any fact described in subsection (a)(1) after accepting a mediation or facilitation, the mediator or facilitator shall disclose it as soon as is practicable. (c) At the request of a mediation or facilitation party, an individual who is requested to serve as a mediator or facilitator shall disclose the mediator's or facilitator's qualifications to mediate or facilitate a dispute. (d) A mediator or facilitator must be impartial, unless after disclosure of the facts required in subsections (a) and (b) to be disclosed, the parties agree otherwise. Confidentiality The mediator or facilitator shall inform the participants that mediation or facilitation is confidential. Participants shall agree in writing that they will not call upon the mediator to reveal information obtained during the mediation. The mediator or facilitator shall not reveal information unless the participants agree in writing to permit such disclosure. Information required by law or judicial order (e.g., child abuse or threat of serious injury to another) will be disclosed by the mediator. A. Intake Record and Case Record [Form 1] This form is the first in the case development process. It documents first party incoming calls or walk-ins, and the evolution of each case. It is used to collect statistical information for policy decisions and reports. B. Case Log [Form 2] This form maintains a central record of cases. Each case is assigned a case number and registered on this sheet. The case number is composed of two parts: the year and the number of cases to date. Example: 02-058 is the fifty-eighth case accepted in the year 2002. C. Mediation Worksheet [Form 3] When a case is set up for face-to-face mediation, this form is used to coordinate the process. RCW 7.75.020~ 2B "Procedures to insure that each dispute mediated by the center meets the criteria for appropriateness for mediation set by the legislative authority and for rejecting disputes which do not meet the criteria. A. Case Evaluation Criteria Policy and procedures for evaluating cases which PTDRP may be asked to handle. POLICY FOR EVALUATING CASES Dispute Resolution Program Basic Criteria: The center will handle disputes in which both of the parties participate willingly, cases in which both persons can adequately speak for themselves, and problems that can be settled by compromise. At least one party to the dispute must be a resident of the City of Port Townsend. Cases Appropriate for Mediation: PTDRP will accept the following types of disputes: A. Neighborhood or community disputes. Cases can range from noise complaints, to complaints concerning barking dogs or other nuisance type problems. B. Situations arising from a notice or order from the City concerning a code violation, or a possible code violation. Exceptions include: A. Physical violence beyond de minims contact; B. Abuse/Neglect (child, elder, handicap or animal); C. Domestic abuse as defined by RCW 10.99; D. Mental disability which inhibits the ability to negotiate and/or comply with negotiated agreements; and E. Substance abuse which inhibits the ability to negotiate and/or comply with negotiated agreements. F. Family or custody disputes. G. Collection of money issues or business -related disputes, unless the issue involves community-wide effect. H. Landlord/tenant disputes, unless the dispute involves an issue of community-wide effect. I. Juvenile or school issues, unless the dispute involves an issue of community-wide effect. J. Issues that are beyond neighborhood or community mediation for which "voluntary resolution process" would not be utilized include public issues like criminal justice issues, economic development issues, or community planning issues. Certain disputes may be more appropriately referred to legal counsel or other agencies. (Example: low-income landlord/tenant faced with immediate legal action.) Some disputes, due to their complexity, potential staff involvement, and/or economic or political impact, may be referred to other dispute resolution services. Procedures to Determine the Appropriateness of a Dispute for Mediation by PTDRP. The staff intake person, following necessary consultation with the City Manager and Chair (or representative) of the Dispute Resolution Committee, shall generally determine if a case is suitable for PTDRP mediation. 2. Final decision will be made by the City Manager. o Unusual cases will be discussed with the City Attomey's office or other appropriate agency before making a decision. MEDIATION SET-UP PROCESS Dispute Resolution Program [Note: Applies to table mediation only] 1. Obtain Mediation Worksheet. [Form 3] 2. Within two weeks of the mediation session, perform the following: mo Bo Eo F. G. H. The first party will be asked to state two preferred dates, times and locations; The second party will be asked if they can select one of the options; If the second party approves one of the selections, both parties will be considered "confirmed"; If the second party accepts neither of the first party's selections, then the PTDRP will help the parties negotiate further until a date, time and location are selected; Ensure that the selected location is available and reserved; Assign mediator(s) for the session; Send confirmation letters to parties and mediators; and [Forms 5 & 6] Call all participants the day prior to session. RCW 7.75.020, 2D "Procedures which ensure that participation by all parties is voluntary." Narrative Clients contact PTDRP through their own volition, through a referral by another agency, or in response to contact initiated by PTDRP. In each case, thc voluntary nature of mediation is made clear to clients throughout their involvement in thc mediation program. This happens over the telephone, and both orally and in writing at the mediation session. A: Opening Statement Checklist [PTDRP Form 7] Checklist used by mediators to educate parties on the various aspects of the mediation process. It ensures, among other things, that parties understand that mediation is voluntary. B. Mediation Consent Form [PTDRP Form 8] Form signed by all parties to acknowledge their understanding that, among other things, participation in mediation is voluntary. RCW 7.75.020, 2E "Procedures for obtaining referrals from public and private bodies." Narrative Various government and private agencies make referrals to PTDRP. Law enforcement, Animal Control, City Departments and others all make referrals to PTDRP. These referrals are solicited through staff contact, calls, presentations, letters and other means. PTDRP staff and volunteers approach these referral sources in order to explain PTDRP's services, explore the needs of the referring agency, determine if the referring agency has causes suitable to PTDRP services, encourage the referring agency to send appropriate cases to the PTDRP, and to develop specific referral procedures. Typically, them are two ways that a referring agency can forward a case to PTDRP. These are: 1) offering verbal or printed encouragement to a client to contact the PTDRP, and 2) providing the PTDR_P with client information, to the extent not privileged, so the PTDRP can initiate contact with the client. A. Referral Form [PTDRP Form 9] A form sent to the PTDRP by an agency making a formal referral to PTDRP. B. Key to Referral Form Closure Statements [PTDRP Form 10] Prescribed phrases to use when informing referring agencies about the outcome of PTDRP handled cases. C. Outreach Form [PTDRP Form 11 ] Outreach staff persons collect information on individuals, businesses and agencies that could potentially refer clients to PTDRP. RCW 7.75.020, 2F "Procedures for meeting the particular needs of the participants, including, but not limited to, providing services at times convenient to the participants, in sign language, and in languages other than English. A. PTDRP Policies Regarding Client Special Needs Discussion of PTDRP policies for accommodating the various needs of parties to dispute resolution services. PTDRP STATEMENT OF CLIENT ACCOMMODATION Port Townsend Dispute Resolution Program PTDRP is committed to meeting the particular needs of its clients. To mitigate against unnecessary expenses (child care, lost wages, mileage, etc.) and inconveniences (time, unfamiliar locations, etc.) parties will be allowed to select their own date, time and general vicinity for mediation sessions. Subject to availability of mediator(s), PTDRP will offer its mediation services starting any time from 9:00 a.m. to 7:00 p.m., Monday through Friday, and, when necessary, Saturday. Donated and government sites will be available throughout the City. Intake persons ask clients if they have special needs. PTDRP maintains a roster of available translators and has the phone number of translation services. As a local government program, PTDRP has access to the District Court's roster of translators. Additionally, multi-lingual staff or those familiar with sign language may be approached for their services in special circumstances. If PTDRP cannot provide necessary services, the clients are encouraged to arrange their own persons for translating and signing. RCW 7.75.020, 2G "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. Narrative To provide its service to the community, PTDRP relies on the dedicated service of experienced and/or trained community volunteers. Other than a minimum age requirement (18), there are no prerequisites for who can apply to become a volunteer with the program. Volunteers shall have experience in facilitation, mediation, community/organization problem solving or be willing to seek training in these skills. Table mediation would only be conducted by a mediator with experience at table mediation or is certified or trained (Association of Washington State Dispute Resolution Center (AWSDRC)) or other recognized certification or training association or agency. A. Recruitment Letter [PTDRP Form 12] Describes procedures and expectations for potential PTDRP mediators. B. Volunteer Application [PTDRP Form 13] Form used to provide PTDRP with information and screen potential volunteers. C. Training and Certification Procedures Describes the necessary steps for a volunteer to become a fully certified mediator. D. Standards of Practice Description of the mediator's role in the mediation process. These standards were based on standards developed by a mediation advocacy group in Washington. A similar version has been adopted by most Washington dispute resolution centers. E. Eight Stage Mediation Process [PTDRP Form 14] Outline of the eight-stage mediation process used by PTDRP mediators. TRAINING AND CERTIFICATION PROCEDURES Port Townsend Dispute Resolution Program Volunteers must complete the following steps to become a mediator or facilitator: Complete an application. [PTDRP Form 13] Participate in required training [PTDRP Form ] Attend up to 8 hours of conflict resolution training for facilitation, and 40 hours (in an Association of Washington State Dispute Resolution Center or other recognized certification or training association or agency) for mediation. Receive the Manager's recommendation for continuation in the program; [PTDRP Form l Sign a volunteer contract. Serve as a telephone mediator for at least 2 hours a month for 6 months. City staff consisting of either the City Manager's assistant, or the City Attomey's legal assistant, may act in a referral capacity for the City and refer (on direction of the City Manager) cases to the Dispute Resolution Board. They shall receive 2 hours of orientation and training concerning procedures and program requirements (including the requirement of confidentiality). Board members (either mediators or facilitators) shall perform telephone intake (which includes the initial telephone interview and explanation of the program procedures and requirements). Facilitators must have completed 8 hours of conflict resolution training approved by the City Manager, and must be qualified based on experience or skill in conflict resolution. Mediators who conduct table mediation must be certified or trained by an Association of Washington State Dispute Resolution Center or other recognized certification or training association or agency), and must be qualified based on experience or skill in conflict resolution and mediation. STANDARDS OF PRACTICE [Note: In addition to mediators, PTDRP facilitators, and all persons (for example, intake persons and assistants), who assist individuals without going through table mediation would follow these standards.] Preamble Mediation is a process by which an impartial qualified person helps the parties in a dispute reach an informed and mutually acceptable settlement of the issues. The mediator helps the parties reach a settlement by facilitating their communication, by helping them obtain relevant information and by assisting them in the development of options that meet their needs. The responsibility for reaching an agreement belongs to the parties themselves. A mediator has no authority to decide issues for the parties. Mediation is a profession with ethical responsibilities and duties. These standards are designed to guide all professional mediators, both self-employed and those utilized by private and governmental agencies. The Mediator's Role The mediator shall be impartial toward the participants. The mediator shall disclose to the participants any prior relationship with any of them, and shall disclose any biases regarding the issues involved. The mediator shall explain the distinction between the role of a mediator and the role of an attorney or mental health counselor. The mediator shall not offer legal advice or provide therapy to any participant during the mediation. If an attorney, the mediator shall not represent either party during the mediation. The mediator shall have no personal interest in the financial outcome of the mediation. Disclosure of Conflicts of Interest (a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and 10 (2) disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation. (b) If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall disclose it as soon as is practicable. (c) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute. (d) A mediator must be impartial, unless after disclosure of the facts required in subsections (a) and (b) to be disclosed, the parties agree otherwise. Confidentiality The mediator shall inform the participants that mediation is confidential. Participants shall agree in writing that they will not call upon the mediator to reveal information obtained during the mediation. The mediator shall not reveal information unless the participants agree in writing to permit such disclosure. Information required by law or judicial order (e.g., child abuse or threat of serious injury to another) will be disclosed by the mediator. Defining the Process The mediator has a duty to define and describe what mediation is at the outset. The mediator shall explain that mediation is not arbitration, legal representation or therapy, and that the participants may need to obtain legal, financial, therapeutic or other outside expert assistance. RCW 7.75.020~ 2H "Procedures for informing the educating the community about Port Townsend Dispute Resolution Program and encouraging the use of the center's services inappropriate cases." Narrative Because mediation and problem facilitation is a relatively new and unique concept for most citizens, a significant part of the PTDRP mission is community education. This effort takes many forms, including brochure distribution, interviews, displays, presentations to community/professional groups, articles, mini-trainings and more. A. Brochure Samples [PTDRP Form ] Sample brochures from Port Townsend Dispute Resolution Program. B. PTDRP Presentations [PTDRP Form 15] Form used to coordinate speaking engagements. 11 C. Advisory Committee Design [PTDRP Form ] Document describing the composition and functions of the PTDRP Advisory Committee. ****************************************************************************** DISPUTE RESOLUTION PROGRAM Port Townsend Dispute Resolution Program Purpose To provide mediation and problem facilitation services, to ensure equitable distribution of mediation and problem facilitation services throughout the City; to review reports from staff and clients as to program results; to strengthen program outreach and referral relationship; to promote high quality mediation and problem facilitation services, and to make recommendations to the City Council or City Manager on any recommended code changes or actions to address issues arising out of the program. Member Composition Appointment of mediators and facilitators is by the City Manager, and if available, on recommendation to the PTDRP Committee. Mediators or facilitators should have experience in facilitation, mediation, community/organizational problem solving or be willing to seek training in these skills, Mediators who engage in table mediation would have experience at table mediation or is certified or trained (Association of Washington State Dispute Resolution Center (AWSDRC)) or other recognized certification or training association or agency. Definitions AGENCY DECLINES - The agency determines that the issues or participants are not appropriate for the agency's services. ARBITRATION - A process of dispute resolution that makes use of trained impartial persons using quasi-judicial proceedings that leads to a decision made by arbitrators, and which may or may not be binding upon the parties. CASE - An intake becomes a case when all parties begin active participation in a dispute resolution process. FACILITATION - A process by which a neutral, trained person assists individuals or groups to engage in a dialogue for the purpose of establishing communication, reducing tensions, developing policy, and/or resolving conflicts. FIRST PARTY - The party with whom the PTDRP has the first contact. 12 FIRST PARTY WITHDRAWS - The first party (may be one or more) to be in contact with the center that has a change of mind. GROUP FACILITATION - A process in which a neutral facilitator assists a group or groups to engage in a dialogue for the purpose of reducing tension, establishing communication, doing mutual problem-solving and policy development, and resolving conflict. INTAKE - Services that are provided upon initial contact with the agency that do not lead to the development of a case. Services may include general information, problem- solving help, or referral. INTAKE DEVELOPMENT - Staff responds to initial contact by making follow-up calls leading toward resolution but there is no further activity and it does not become a case. LEGAL SERVICES - Legal services provided to low income parties. MEDIATION - A voluntary process in which an impartial, trained person brings parties together to facilitate a mutually acceptable settlement of the issues in order to resolve a specific dispute. NOT AMENDABLE - Dispute resolution was attempted but one or both parties did not appear, changed their mind about participating, or the mediator withdrew from mediation. PROBLEM SOLVING - A process in which an impartial person discusses a disputant's problem in detail with the person, explores possible solutions to the conflict, assists the party in identifying resources to resolve the problem, and helps the disputant to resolve the conflict through his or her own initiative. RESOLUTION - Parties to a dispute have come to full or partial agreement, which may or may not include a written contract. SECOND PARTY - The party with whom the PTDRP has second contact. SECOND PARTY DECLINES - Agency contacts second party to a dispute during Intake Development and that party declines to participate. TELEPHONE NEGOTIATION - A process wherein the impartial trained person alternately contacts (primarily by telephone) each party in an attempt to resolve the dispute. 13 RCW 7.75.040, IA & lB "In conducting a dispute resolution process, a center established under this chapter shall required: (a) that the disputing parties enter into a written agreement which expresses the method by which they shall attempt to resolve the issues in dispute; and (b) that at the conclusion of the dispute resolution process, the parties enter into a written agreement which sets forth the settlement of the issues and the future responsibilities, if any, of each party." A. Consent Form [PTDRP Form 8] Form to confirm that clients understand and accept the state laws resolution of disputes through a dispute resolution center. B. Mediation Agreement [PTDRP Form 17] Form used at the conclusion of a dispute resolution process for formalize their agreements. RCW 7.75.060 regulating parties to "Any person who voluntarily enters a dispute resolution process.., may revoke his or her consent .... The withdrawal shall be in writing." Ao Statement of Withdrawal [PTDRP Form 18] Form for clients to sign upon withdrawal from the mediation process. G:\City Attomey~2002\G-DRC\Program Plan - short vet. 10.2.02.doc 14