HomeMy WebLinkAboutMediation - Staff ReportDate:
To:
From:
Re:
Background
September 17, 2014
Board of County Commissioners
Erik Kropp, Deputy County Administrator LWC—
Mediation Services
Staff has scheduled time at your September 24, 2014 Work Session to discuss the County's use of
mediation services. Various Deschutes County departments have historically procured
community mediation services on occasion to help citizens resolve disagreements related to legal
matters, land use activity, neighborhood nuisances, small claims and business issues, and other
matters that can more efficiently and effectively be addressed outside the courtroom. In the past,
each department budgeted funds individually for these services and paid for them either on a per -
case fee basis or through unrestricted grants.
Approximately three years ago, the County merged all of the funds budgeted countywide for
mediation services into a single line item within the Department of Administrative Services'
budget. The Board of Commissioners then established a Service Partner relationship with Central
Oregon Mediation, the only non-profit community dispute resolution organization located within
Deschutes County, to provide the services. Through this agreement, Central Oregon Mediation is
currently paid $300 per case referred by a County department up to a total of $30,000 annually.
Justice Court refers the majority of disputes to mediation. Of these, most are related to small
claims court. At the request of Justice Court, Central Oregon Mediation has expanded its services
provided to Justice Court.
Discussion
Recently, representatives of Cascades Mediation, a newly formed, for-profit entity, have
approached the County to offer an alternative to the current arrangement. Listed below are
relevant points to this discussion:
• The current $300 per case fee paid by the County is based on a three- to four-year old
estimate and a competitive process may result in a different rate.
• As a non-profit organization, Central Oregon Mediation offers low-cost and free services to
all residents, providing a community benefit beyond the County's caseload. Reduced funding
may compromise the organization's ability to operate and reduce access to such services.
• Central Oregon Mediation receives grant funds from the University of Oregon School of Law
which require a match. County funds may provide a significant portion of that match and
reducing or eliminating them may jeopardize the grant.
• The FY 2014-15 budget was adopted with a $30,000 line item dedicated for mediation
services provided by Central Oregon Mediation. The organization's current budget is based
on the availability of these funds.
• Central Oregon Mediation has been providing services to the County throughout the first
quarter of FY 2014-15 which will soon require payment.
• Probably due to a lack of organizations providing mediation services, the County has not
competitively bid out mediation services. Bidding out the service could result in a lower cost
and/or improved service.
Options
The County has several options for mediation services:
1. Continue the program in its current form with Central Oregon Mediation as a County
Service Partner.
2. Continue the program in its current form through the end of FY 2014-15 and initiate a
Request for Proposal process to allow eligible providers to compete for the County's
mediation needs beginning FY 2015-16.
3. Initiate a Request for Proposal process during the current fiscal year.
Staff will seek Board direction at the conclusion of the work session discussion. Please direct any
questions you may have concerning this information or other issues related to the County's use of
mediation services to Deputy Administrator Erik Kropp or Management Analyst Judith Ure.