Resolution WashingtonResolution Washington

Dispute Resolution Centers’Dispute Resolution Centers’

Impact onImpact on

Washington State Court SystemsWashington State Court Systems

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Examples of DRC impactExamples of DRC impact

Family case:Family case: Parties repeatedly returning to Superior Court to Parties repeatedly returning to Superior Court to haggle over changes to parenting plan, child support, moving, get other haggle over changes to parenting plan, child support, moving, get other party cited for contempt. If mediation successful, never see them again.party cited for contempt. If mediation successful, never see them again.

Neighborhood case:Neighborhood case: Parties disputing over property Parties disputing over property line, fence, disrespectful communication. Multiple, repeated calls to line, fence, disrespectful communication. Multiple, repeated calls to police/sheriff to come out to properties to control the other party. Calls to police/sheriff to come out to properties to control the other party. Calls to code enforcement. Back and forth anti-harassment orders. Mediation may code enforcement. Back and forth anti-harassment orders. Mediation may help them talk and listen, resolve things, develop approach on how to help them talk and listen, resolve things, develop approach on how to communicate in the future and not use county/court resources in future.communicate in the future and not use county/court resources in future.

Small Claims case: Small Claims case: Parties in conflicts over payment of Parties in conflicts over payment of bill for car repair, driveway paving, personal loan, car accident, rental bill for car repair, driveway paving, personal loan, car accident, rental deposit are able to work out agreements that preclude a trial and follow deposit are able to work out agreements that preclude a trial and follow through on agreement reduces likelihood of default on agreement collection through on agreement reduces likelihood of default on agreement collection hearing.hearing.

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Examples of DRC impactExamples of DRC impact

Victim Offender Mediation CaseVictim Offender Mediation Case : Two high : Two high school males played hooky one afternoon from school. They found school males played hooky one afternoon from school. They found some cans of spray paint in one of their families’ garage and went some cans of spray paint in one of their families’ garage and went around the neighborhood spray painting fences and knocking over around the neighborhood spray painting fences and knocking over trash cans. They were caught when a older woman saw them and trash cans. They were caught when a older woman saw them and called police. She and others had been afraid because their called police. She and others had been afraid because their neighborhood suffered some gang violence recently and felt neighborhood suffered some gang violence recently and felt threatened by all that was going on. The boys were diverted from threatened by all that was going on. The boys were diverted from court but mandated to Victim Offender Mediation. They met with court but mandated to Victim Offender Mediation. They met with three victims of their vandalism and learned of the impact of their three victims of their vandalism and learned of the impact of their crime and how vulnerable it made the victims feel. They agreed to crime and how vulnerable it made the victims feel. They agreed to come out to paint over their graffiti and committed to attending come out to paint over their graffiti and committed to attending school regularly and not committing any more acts of vandalism. school regularly and not committing any more acts of vandalism. The victims felt better knowing they personally hadn’t been targeted The victims felt better knowing they personally hadn’t been targeted and felt that they had made a positive impact on the young men.and felt that they had made a positive impact on the young men.

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What are Dispute Resolution What are Dispute Resolution Centers?Centers?

Created by local legislative authority (County Created by local legislative authority (County commissioners, city councils)commissioners, city councils)

18 DRCs around Washington State (17 actively 18 DRCs around Washington State (17 actively providing services). providing services).

15 Non-Profit Organizations, 2 City departments, 15 Non-Profit Organizations, 2 City departments, 1 County program.1 County program.

Authorized under RCW 7.75 originally in 1984 as Authorized under RCW 7.75 originally in 1984 as part of Court Improvement Act, with District part of Court Improvement Act, with District Court filing fee funding added in 1990.Court filing fee funding added in 1990.

Offer services to clients regardless of ability to Offer services to clients regardless of ability to pay. pay.

55

Reach of DRCsReach of DRCs DRCs are authorized in 20 of DRCs are authorized in 20 of

Washington’s 39 counties.Washington’s 39 counties. 91% of state’s residents 91% of state’s residents

have access to a DRC in have access to a DRC in their home county.their home county.

Residents of counties close Residents of counties close to DRC’s can access to DRC’s can access services there, e.g., Mason, services there, e.g., Mason, Grant, Klickitat, Stevens, Grant, Klickitat, Stevens, Whitman Counties.Whitman Counties.

66

Services commonly offered by Services commonly offered by Resolution WA Member DRCsResolution WA Member DRCs

Mediation, Mediation, confidential, voluntary, convenient confidential, voluntary, convenient Face-to-face mediation/telephone mediation Face-to-face mediation/telephone mediation Telephone ConciliationTelephone Conciliation Case Intake and DevelopmentCase Intake and Development Referral to other resourcesReferral to other resources

TrainingTraining Mediation training, Advanced mediation training .e.g. Mediation training, Advanced mediation training .e.g.

family law mediation, multiparty, Victim Offender, family law mediation, multiparty, Victim Offender, Organizational conflict, Parent/YouthOrganizational conflict, Parent/Youth

Conflict Resolution and Communication skills Conflict Resolution and Communication skills workshops, for businesses, organizations, groupsworkshops, for businesses, organizations, groups

Peer Mediation training in schoolsPeer Mediation training in schools

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Types of mediationsTypes of mediations In 2002, Resolution Washington member DRCs assisted In 2002, Resolution Washington member DRCs assisted

in 16,974 cases, mediating over half these cases.in 16,974 cases, mediating over half these cases. Small Claims Court contested cases Small Claims Court contested cases 26%26% Parenting Plan & modification cases Parenting Plan & modification cases 23%23% Landlord/Tenant casesLandlord/Tenant cases 19%19% Neighborhood casesNeighborhood cases 10%10% Victim Offender casesVictim Offender cases 5% 5% Divorce Property Division CasesDivorce Property Division Cases 5% 5% Consumer/Merchant, CommercialConsumer/Merchant, Commercial 4% 4% School/EducationSchool/Education 3% 3% Parent-Teen ConflictParent-Teen Conflict 2% 2% Other: employment, workplace, property,Other: employment, workplace, property, 3% 3%

anti-harassment, real estate, multiparty, anti-harassment, real estate, multiparty, cross culturalcross cultural

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Impact on District CourtImpact on District Court

Filing fee funding from all civil cases Filing fee funding from all civil cases (Users (Users can ask to have fee waived due to financial hardship.) $15 Maximum for can ask to have fee waived due to financial hardship.) $15 Maximum for small claims filings, $10 for all others.small claims filings, $10 for all others.

Small Claims Cases: 12 of 18 centers Small Claims Cases: 12 of 18 centers provide Small Claims mediation servicesprovide Small Claims mediation services

Pre-trial mediation hearing on separate day at courthouse, return for Pre-trial mediation hearing on separate day at courthouse, return for court if unresolved. Court may mandate effort or just encourage it.court if unresolved. Court may mandate effort or just encourage it.

Mediation takes place on same day as trial after judge encourages use Mediation takes place on same day as trial after judge encourages use via script read from the bench.via script read from the bench.

Regularly scheduled mediation.Regularly scheduled mediation.

Anti-harassment: Anti-harassment: Currently seldom used/referred to mediation. Currently seldom used/referred to mediation. Mediation most appropriate for non-Domestic Violence cases between Mediation most appropriate for non-Domestic Violence cases between neighbors, family members, co-workers.neighbors, family members, co-workers.

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Impact on Superior CourtImpact on Superior Court No filing fee mechanism currently exists to No filing fee mechanism currently exists to

support the DRCs’ positive impact on Superior support the DRCs’ positive impact on Superior Court.Court. 37%37% of all non-SCC cases are Family related cases of all non-SCC cases are Family related cases that reduce caseload of contested cases in Superior Court. that reduce caseload of contested cases in Superior Court.

Family Law: Family Law: Marriage Dissolution Property & Asset Liability Division, Marriage Dissolution Property & Asset Liability Division,

Parenting Plan, Parenting Plan Modification.Parenting Plan, Parenting Plan Modification. Models differ: Models differ: Some counties require mediation of Some counties require mediation of

parenting plan if no agreed order (expect for DV cases), some parenting plan if no agreed order (expect for DV cases), some courts or family court facilitators refer parties to mediation. courts or family court facilitators refer parties to mediation.

Some counties enforce Dispute Resolution provision ofSome counties enforce Dispute Resolution provision of PP, PP, party party refusing pays court/attorney cost, other counties don’t.refusing pays court/attorney cost, other counties don’t.

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DRC Superior Court ImpactDRC Superior Court Impact (Continued)(Continued)

Other Civil Filings: Other Civil Filings: One DRC, Pierce County, One DRC, Pierce County, provides settlement conferences. Mostly attorneys refer provides settlement conferences. Mostly attorneys refer to private attorney-mediators for resolution of personal to private attorney-mediators for resolution of personal injury or commercial disputes. injury or commercial disputes.

Generally the style of mediation practiced in these Generally the style of mediation practiced in these settings is quite different from the DRC mediation settings is quite different from the DRC mediation process. Evaluative mediation approach. Shuttle process. Evaluative mediation approach. Shuttle mediation, keep parties separate after opening intro. mediation, keep parties separate after opening intro. Share with each side the strengths and weaknesses of Share with each side the strengths and weaknesses of their case. (Akin to Settlement conferencing.)their case. (Akin to Settlement conferencing.)

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DRC Mediation approachDRC Mediation approach

DRCs generally provide mediation from a DRCs generally provide mediation from a Facilitative approach. Facilitative approach. Parties retain control of the outcome.Parties retain control of the outcome. Focus is on parties finding interest-based solution that Focus is on parties finding interest-based solution that

works for both/all sides.works for both/all sides. Mediators serve as process guides, not content Mediators serve as process guides, not content

experts. Facilitating the parties’ mediation process.experts. Facilitating the parties’ mediation process. Mediators don’t offer input on solutions or Mediators don’t offer input on solutions or

strengths/weaknesses of “case”.strengths/weaknesses of “case”. Voluntary throughout, including settlement Voluntary throughout, including settlement

agreement.agreement.

1212

DRCs Impact on Juvenile CourtsDRCs Impact on Juvenile Courts

Victim Offender Mediation ProgramsVictim Offender Mediation Programs:: 7 centers offer Victim 7 centers offer Victim Offender meeting programs that bring together juvenile offenders (most Offender meeting programs that bring together juvenile offenders (most often youths who have gone through diversion process) with the victims of often youths who have gone through diversion process) with the victims of their crimes, shoplift, malicious mischief, theft, simple assault to talk about their crimes, shoplift, malicious mischief, theft, simple assault to talk about the impact of their activity and to have them make amends. Funding comes the impact of their activity and to have them make amends. Funding comes mainly from Governor’s Juvenile Justice Advisory Committee but is time mainly from Governor’s Juvenile Justice Advisory Committee but is time limited. 2limited. 2ndnd major source is Juvenile Courts then County General Funds. In major source is Juvenile Courts then County General Funds. In 2001, 390 cases were mediated statewide. Hope is that victims feel greater 2001, 390 cases were mediated statewide. Hope is that victims feel greater sense of resolution, youth connects with having hurt people, reduce sense of resolution, youth connects with having hurt people, reduce recidivism.recidivism.

Parent/Youth MediationParent/Youth Mediation:: 5 or more centers help parents and their 5 or more centers help parents and their

children address internal family conflict.children address internal family conflict. This has a positive impact on This has a positive impact on Children in Need of Services and Youth at Risk Petition caseloads.Children in Need of Services and Youth at Risk Petition caseloads.

1313

Impact on Municipal CourtsImpact on Municipal Courts

Very few DRCs have found methods to assist with Very few DRCs have found methods to assist with

Municipal Court caseloads. Municipal Court caseloads. The two City based programs, Community Mediation The two City based programs, Community Mediation

Service in Vancouver/Clark County and Bellevue Service in Vancouver/Clark County and Bellevue Community Mediation have developed strong referral Community Mediation have developed strong referral relationships with city programs to refer neighborhood relationships with city programs to refer neighborhood and community conflicts for mediation and telephone and community conflicts for mediation and telephone conciliation. Over 900 situations handled in 2001.conciliation. Over 900 situations handled in 2001.

Other centers struggle to maintain strong referral Other centers struggle to maintain strong referral relationships with law enforcement, code enforcement relationships with law enforcement, code enforcement and animal control offices to have referrals result in and animal control offices to have referrals result in mediations. mediations.

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DRCs impact on public services DRCs impact on public services

State Agencies and consumersState Agencies and consumers DRC Mediators in Inter-Agency mediator pool DRC Mediators in Inter-Agency mediator pool

address workplace disputesaddress workplace disputes Law EnforcementLaw Enforcement Code EnforcementCode Enforcement Animal ControlAnimal Control Mediation Training skills in hands of state, city Mediation Training skills in hands of state, city

and county employees.and county employees. School Districts (workplace & peer mediation)School Districts (workplace & peer mediation)

1515

DRC Sources of FundingDRC Sources of Funding

District Court Filing FeeDistrict Court Filing Fee Fees for service Fees for service

(mediation and training fees)(mediation and training fees)

Non-Public FundingNon-Public Funding (Donations, United Way, Foundations etc.)(Donations, United Way, Foundations etc.)

Other Public FundingOther Public FundingGovernor’s Juvenile Justice Ad. Comm.,Governor’s Juvenile Justice Ad. Comm.,County General Funds, Juvenile Court, County General Funds, Juvenile Court, School Districts, City grants, Federal School Districts, City grants, Federal FundsFunds

2001 figures2001 figures

$ 1,094,983$ 1,094,983

$ 494,758 $ 494,758

$ 285,371$ 285,371

$ 1,047,128$ 1,047,128

$ 2,922,240$ 2,922,240

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How is quality of service How is quality of service maintained?maintained?

Resolution Washington has minimum standards Resolution Washington has minimum standards for mediator certification:for mediator certification: 36-40 hour basic mediation training which covers: 36-40 hour basic mediation training which covers: Conflict Conflict Theory and Styles, Communication Skills, Cultural Differences, Theory and Styles, Communication Skills, Cultural Differences, Collaborative Negotiations & other Types of ADR and negotiations, the Collaborative Negotiations & other Types of ADR and negotiations, the mediator’s role, ethical and legal issues, mediation models & styles, intake mediator’s role, ethical and legal issues, mediation models & styles, intake and assessment, demonstrations and 12 hours of role playing. Written and assessment, demonstrations and 12 hours of role playing. Written Exam, mock mediation practice. Exam, mock mediation practice.

Internship: Internship: Observe experienced mediators, write analysis of mediations Observe experienced mediators, write analysis of mediations and debrief with mediators. Co-mediate with certified mediators a minimum and debrief with mediators. Co-mediate with certified mediators a minimum of 24 hours in at least 3 cases who file written critiques. Center determines of 24 hours in at least 3 cases who file written critiques. Center determines intern’s eligibility to become certified mediator. 18 competencies.intern’s eligibility to become certified mediator. 18 competencies.

Standards of PracticeStandards of Practice: Mediators must adhere to Standards of : Mediators must adhere to Standards of Practice of the Washington Mediation Association. Practice of the Washington Mediation Association.

Continuing Ed: Continuing Ed: 20 hrs every 2 years: in-services, conferences, reading20 hrs every 2 years: in-services, conferences, reading

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Service Quality Service Quality (continued)(continued)

Co-Mediation Model: Co-Mediation Model: Most centers utilize a co-Most centers utilize a co-mediation service model. This allows less experienced mediation service model. This allows less experienced or uncertified mediators to work with a more experienced or uncertified mediators to work with a more experienced co-mediator. Also allows centers to mirror disputant co-mediator. Also allows centers to mirror disputant diversity (gender, age, language, culture) and have diversity (gender, age, language, culture) and have internal oversight within mediator pool.internal oversight within mediator pool.

Client Evaluations: Client Evaluations: At end of mediation session At end of mediation session clients are asked to complete evaluation of the process. clients are asked to complete evaluation of the process. Some centers also do 3-6 month follow up Some centers also do 3-6 month follow up interview/surveys. DRC staff address any problems that interview/surveys. DRC staff address any problems that arise.arise.

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DRC Client SatisfactionDRC Client Satisfaction

2002 Client exit surveys: 2002 Client exit surveys: 90% of parties completing surveys graded the 90% of parties completing surveys graded the

Mediation process excellent or good.Mediation process excellent or good. 90% of parties completing surveys indicated they 90% of parties completing surveys indicated they

would refer others to the mediation process or use it would refer others to the mediation process or use it again themselves. again themselves.

Clear majority of cases that come to a DRC are Clear majority of cases that come to a DRC are resolved successfully with some centers reporting resolved successfully with some centers reporting settlement rates as high as 93%. (Center rates vary settlement rates as high as 93%. (Center rates vary depending mainly on what percent of cases are depending mainly on what percent of cases are mandated referrals such as small claims court.) mandated referrals such as small claims court.)

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Quotes from mediating partiesQuotes from mediating parties

““I was thrilled that my teen was comfortable, because I was thrilled that my teen was comfortable, because there was a teen mediator there. I’ve always felt like I there was a teen mediator there. I’ve always felt like I have to drag my teen to programs, and she doesn’t want have to drag my teen to programs, and she doesn’t want to go back. She felt much better having another teen to go back. She felt much better having another teen there, and wanted to go back. It really worked.” there, and wanted to go back. It really worked.”

““I wish we had known about this service before. We could I wish we had known about this service before. We could have saved a lot of pain and suffering.”have saved a lot of pain and suffering.”

““I never would have believed that we could come to an I never would have believed that we could come to an agreement.”agreement.”

““Thank you both for your help in finding a solution to our Thank you both for your help in finding a solution to our problem. It turned out better than I ever thought possible.”problem. It turned out better than I ever thought possible.”

2020

Comments ContinuedComments Continued

““The DRC is an The DRC is an extremelyextremely valuable tool for communities valuable tool for communities to have. Thank you so much.”to have. Thank you so much.”

““The mediators really helped us learn how to open up to The mediators really helped us learn how to open up to communicate with each other again. I believe our son communicate with each other again. I believe our son will benefit with less friction.”will benefit with less friction.”

““This has been a wonderful process.”This has been a wonderful process.” ““Mediation relieved me of the burdens and gave me a Mediation relieved me of the burdens and gave me a

chance to give my apology to the other person.”chance to give my apology to the other person.” ““It is my hope that I can carry through with the spirit of It is my hope that I can carry through with the spirit of

cooperation and civility the mediators got me to see as cooperation and civility the mediators got me to see as essential.” essential.”

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Resolution WashingtonResolution Washington

The Association of Washington State Dispute Resolution The Association of Washington State Dispute Resolution Centers recently changed its name to Resolution Centers recently changed its name to Resolution Washington.Washington.

Marketing grant from National Association for Community Marketing grant from National Association for Community Mediation. Marketing Training, new outreach materials. Mediation. Marketing Training, new outreach materials.

Hope to market mediation services for statewide availability.Hope to market mediation services for statewide availability. ““Resolution Washington promotes community-based Resolution Washington promotes community-based

mediation throughout the state as well as the mutual support mediation throughout the state as well as the mutual support of its member centers in order to assure the health and of its member centers in order to assure the health and vitality of community mediation in Washington State.”vitality of community mediation in Washington State.”

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Potential Growth areasPotential Growth areas

Resolution Washington expands awareness of services Resolution Washington expands awareness of services so higher number of referrals for existing services.so higher number of referrals for existing services.

Encouragement/Coercion to use mediation by courts Encouragement/Coercion to use mediation by courts (e.g. enforce Parenting Plan dispute resolution (e.g. enforce Parenting Plan dispute resolution provisions: refusing party pays court and attorney costs.)provisions: refusing party pays court and attorney costs.)

DRCs & Courts work on non-DV anti-harassment cases.DRCs & Courts work on non-DV anti-harassment cases. Public Disputes/land use.Public Disputes/land use. Explore ways to increase impact on Municipal Courts.Explore ways to increase impact on Municipal Courts. Explore funding options for Superior Court impact work.Explore funding options for Superior Court impact work. Enhance referral relationships with city/county services Enhance referral relationships with city/county services

to reduce impact of conflicts on those services.to reduce impact of conflicts on those services.

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Thank youThank you Thank youThank you for permitting Resolution for permitting Resolution

Washington to provide information about our Washington to provide information about our services.services.

Resolution WashingtonResolution Washington c/o DRC of Snohomish & Island Countiesc/o DRC of Snohomish & Island Counties PO Box 839PO Box 839 Everett, WA 98206-0839Everett, WA 98206-0839 1 (800) 280-47701 (800) 280-4770 www.resolutionwa.orgwww.resolutionwa.org

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