Agenda

Return

C. 73

To:	Board of Supervisors
From:	Monica Nino, County Administrator
Date:	August 1, 2023

Contra

Costa

County

Subject:

Fiscal Year 2023/24 County Dispute Resolution Program

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/01/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Chrystine Robbins, 925-655-2055

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: August 1, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the County Administrator, or designee, to execute contracts with The Congress of Neutrals for $98,642 and with the Center for Human Development for $49,321 in a total amount not to exceed $147,964 for the County Dispute Resolution Program for the period August 1, 2023 through June 30, 2024.

FISCAL IMPACT:

$147,964 for the period August 1, 2023 through June 30, 2024; 100% Dispute Resolution funds. No net county cost. Program costs offset by $8.00 filing fee on civil actions filed in the Superior Court.

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.

BACKGROUND: (CONT'D)

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.

The total anticipated court filing fee revenue budgeted for FY 2023/24 is $163,000. A Request for Proposals (RFP) for the Dispute Resolution Program was issued on June 1, 2023, with a deadline of June 23, 2023. The prior contracts were extended through July 31, 2023, one month into the new fiscal year, to complete the RFP process. The FY 2023/24 contracts are therefore prorated for the remaining 11 months of the fiscal year; contracts will extended annually for up to four additional periods, adjusted for projected revenues. The County Administrator’s Office received one proposal from Center for Human Development and one proposal from The Congress of Neutrals.

The following is a brief description of each program:

Center for Human Development - $49,321:

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 Matters. Mediations will be held in the A.F. Bray Courthouse in Martinez. Services include referral, telephone conciliation, and mediation.

General Dispute Resolution – Community Mediation 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.

The Congress of Neutrals - $98,642:

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 will continue the Superior Court’s high quality of 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.

CONSEQUENCE OF NEGATIVE ACTION:

The FY 2023/24 County Dispute Resolution Program will not be implemented resulting in a service reduction in several areas to the citizens of Contra Costa County.

CHILDREN'S IMPACT STATEMENT:

Several of the dispute resolution/mediation services target better outcomes for children, including Guardianship mediation.