To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Dispute Resolution Program Contracts with Center for Human Development and Congress of Neutrals
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts with Center for Human Development and The Congress of Neutrals in an aggregate amount not to exceed $250,000 to provide mediation services under the County Dispute Resolution Program for the period of July 1, 2026, to June 30, 2027.
FISCAL IMPACT:
The aggregate cost of the programs contracts is $250,000. 100% Restricted Dispute Resolution funds. No net County cost. Program costs are offset by the $8.00 court filing fee on civil actions filed in the Superior Court.
Contract with Center for Human Development: $85,000
Contract with the Congress of Neutrals: $165,000
BACKGROUND:
The Dispute Resolution Programs 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 Programs 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.
A Request for Proposals (RFP) for the Dispute Resolution Program was completed in July 2023. Contracts with Center for Human Development and The Congress of Neutrals have been in place since then and extend annually for up to four additional periods, adjusted for projected revenues. The anticipated court filing fee revenue budgeted for FY 2023/24 is $250,000.
Center for Human Development - $85,000:
Guardianship Mediation provides mediation services with a panel of two mediators to clients referred by the Courts for resolution of child custody and visitation issues in Guardianship Matters. Mediations are being held in the A.F. Bray Courthouse in Martinez. Services include referral, telephone conciliation, and mediation.
General Dispute Resolution - Community Mediation services 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.
The Congress of Neutrals - $165,000:
Small Claims/Civil Harassment/Unlawful Detainer Mediation for all branches of the Superior Court: to improve court efficiency; assist court staff and reduce court caseload. Introduce disputants to the principles of conciliation and 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 continues the Superior Court’s high quality Alternative Dispute Resolution ("ADR") and conflict management programs.
Family Law Contempt for the Martinez Division of the Superior Court: to improve court efficiency, assist bench officers and court staff; to support the District Attorney, the Public Defender and other agencies of Contra Costa County involved with cases where failure to pay family support becomes a contempt proceeding against the payor in default. To provide mediation and facilitated negotiation; to reduce court caseloads; introduce disputants to the principles of conciliation and negotiated settlement; mediations to be done on the day of the court hearing; to recruit and train community volunteers, law students, attorneys as mediators; to serve all areas of Contra Costa County; and to continue Contra Costa County's high-quality ADR and conflict management programs.
Both contracts contain special conditions to the Standard Terms and Conditions.
CONSEQUENCE OF NEGATIVE ACTION:
The County Dispute Resolution Program will experience a disruption in mediation services for the citizens of Contra Costa County.