Bill Text: DE HJR14 | 2011-2012 | 146th General Assembly | Draft

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Bill Title: Establishing An Alternative Disputer Resolution ("adr") Study Group To Study And Make Recommendations For Improving Delaware's Adr Processes.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2012-05-15 - Stricken [HJR14 Detail]

Download: Delaware-2011-HJR14-Draft.html

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SPONSOR:	Rep. M. Smith & Sen. Hall-Long
	Reps. Hocker, Mitchell, Walker, Willis; Sens. Sokola, Sorenson

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE JOINT RESOLUTION NO. 14

ESTABLISHING AN ALTERNATIVE DISPUTER RESOLUTION ("ADR") STUDY GROUP TO STUDY AND MAKE RECOMMENDATIONS FOR IMPROVING DELAWARE'S ADR PROCESSES.

WHEREAS, throughout the United States, alternative dispute resolution ("ADR") processes, such as mediation, arbitration, neutral assessment, settlement conference, collaborative negotiation, restorative justice, fact-finding, conciliation and facilitation are increasingly being used in communities, schools, state and local governments, businesses and the courts;

WHEREAS, successful ADR programs offer a more effective and efficient opportunity to resolve disputes at the lowest level, empower citizens to resolve their own disputes, reduce congested court dockets and legal fees, and increase involvement in government decision-making;

WHEREAS, ADR programs that have proved successful have data that quantifies a significant cost savings to the systems and participants utilizing ADR options;

WHEREAS, while in 1999 ADR service providers sponsored a statewide policy forum to examine the use of ADR across sectors and make recommendations, to date these recommendations have only been discussed at a grassroots level in Delaware;

WHEREAS, while Delaware has some successful ADR programs, it falls short in comparison to many states; for example, in Delaware, we do not (i) rely on local community centers to help us resolve family and neighborhood disputes, (ii) convene groups to conduct circle dialogues or community conferences to address community concerns, or (iii) use facilitators and mediators to assist families facing conflicts related to divorce, foster care, truancy, and mental health issues; rather, Delaware relies on police officers and the courts to fix its citizens' problems and to decide who wins and who loses;

WHEREAS, it is the intent of the General Assembly that all parties with an interest in strengthening and expanding ADR in Delaware work together to develop recommendations with respect thereto; and

WHEREAS, a study group of qualified persons should study these issues and submit a report and any proposed legislation to the General Assembly.

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives of the 146th General Assembly of the State of Delaware, the Senate concurring therein, with the approval of the Governor, that:

(a) There is a study group for the purpose of studying and making recommendations for strengthening and expanding ADR in Delaware (the "Study Group").

(b) The Study Group shall consist of the following members:

1. One member of the House of Representatives, appointed by the Speaker of the House;

2. One member of the Senate, appointed by the President Pro Tempore;

3. The Secretary of Education or a designee appointed by the Secretary;

4. The Secretary of the Department of Natural Resources and Environmental Control or a designee appointed by the Secretary;

5. The Secretary of the Department of Labor or a designee appointed by the Secretary;

6. The Secretary of the Department of Health and Social Services or a designee appointed by the Secretary;

7. The Secretary of the Department of Services for Children, Youth and Their Families or a designee appointed by the Secretary;

8. The Superintendent of State Police or a designee appointed by the Superintendent;

9. The Chief of Police of New Castle County Division of Police or a designee appointed by the Chief;

10. The Chairman of the Delaware Police Chiefs' Council or a designee appointed by the Chairman;

11. One representative from each of the three Counties in the State, appointed by the chief executive officer of each county;

12. Two representatives from local governments, each appointed by the Chairperson of the Study Group;

13. The Commissioner of the Department of Correction or a designee appointed by the Commissioner;

14. The Secretary of State or a designee appointed by the Secretary;

15. The President of the Delaware State Bar Association or a designee appointed by the President;

16. The Chancellor of the Court of Chancery or a designee appointed by the Chancellor;

17. The President Judge of the Superior Court or a designee appointed by the President Judge;

18. The Chief Judge of the Family Court or a designee appointed by the Chief Judge;

19. The Chief Judge of the Court of Common Pleas or a designee appointed by the Chief Judge;

20. The Chief Magistrate of the Justice of the Peace Court or a designee appointed by the Chief Magistrate;

21. The Chief Justice of the Supreme Court or a designee appointed by the Chief Justice;

22. The Attorney General or a designee appointed by the Attorney General;

23. At least two (2) members who shall be ADR practitioners, each appointed by the Chairperson of the Study Group;

24. At least two (2) members who shall be from non-profit organizations, at least one (1) of which shall be from a faith-based organization, each appointed by the Chairperson of the Study Group;

25. At least three (3) members who shall be from the education sector, at least one (1) of which shall represent early childhood education, at least one (1) of which shall represent K-12 education, and at least one (1) of which shall represent post K-12 education, each appointed by the Chairperson of the Study Group;

26. Two representatives from the State Chamber of Commerce, appointed by the Chair of the Board of Directors of the State Chamber of Commerce;

27. One representative from the U.S. Probation and Pretrial Services for the District of Delaware, appointed by the Chairperson of the Study Group;

28. The Chairperson of Individual Assessment, Discharge and Planning Team (I-ADAPT) or a designee appointed by the Chairperson;

29. The Executive Director of the Criminal Justice Council or a designee appointed by the Executive Director;

30. The Executive Director of the Victim's Compensation Assistance Program or a designee appointed by the Executive Director; and

31. The Mediation Officer for the Court of Common Pleas or a designee appointed by the Mediation Officer.

32.The Coordinator of the Conflict Resolution Program of the University of Delaware's Institute for Public Administration, or the Coordinator's designee, who shall be the Chairperson of the Study Group.

(c) The Chairperson shall be responsible for guiding the administration of the Study Group by, at a minimum:

1. setting a date, time and place for the initial organizational meeting;

2. supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Study Group; and

3. ensuring the development of the Action Plan of the Study Group and the timely reporting of the Study Group's findings to the Governor and the General Assembly.

(d) Staff support for the Study Group shall be provided by the Conflict Resolution Program of the University of Delaware's Institute for Public Administration, under the direction of the Chairperson of the Study Group.

(e) The Study Group, as a whole or in subcommittees, shall:

1. Develop and adopt detailed definitions that describe each practice and process to ensure everyone is using common language during discussions;

2. Consider the types of disputes that occur in Delaware and make suggestions for how to screen those disputes so they are directed to the most appropriate form of ADR, including weighing the pros and cons of various ADR processes;

3. Consider how to expand ADR programs, promote the use of conflict resolutions skills, and integrate conflict management into curriculums;

4. Consider the needs of citizens, neighborhoods, cities, towns and counties regarding disputes, criminal behavior and public policy issues and assess the opportunities for making ADR options available early on and at the lowest level;

5. Review the various ADR processes and programs currently in place and consider the appropriateness and effectiveness of each;

6. Consider the applicability of using ADR processes in internal and external government agency operations;

7. Consider ADR applications to resolve in-house and client focused disputes through ADR in the private business sector;

8. Consider issues regarding qualifications, practices and credentialing of mediators, arbitrators and other ADR professionals;

9. Meet monthly or as otherwise determined by the Chairperson of the Study Group; and

10. Report its findings and any proposed legislation to the Governor and the General Assembly not later than June 30, 2013.

(f) The goals of the Study Group shall be to:

1. Develop a common understanding of ADR;

2. Document state models and best practices and track the latest developments in ADR;

3. Design a collaborative consensus-building process by which members of the Study Group work with each other and the public by inviting public participation through public hearings and other forums of public engagement used in the field of ADR;

4. Develop a flexible framework in which Delawareans can work together to identify needs and create solutions;

5. Consider practical applications for ADR in Delaware;

6. Develop an Action Plan that is practical and will create social change by pioneering problem-solving methods, programs and systems to provide alternatives to fighting, impasse and litigation;

7. Reconfigure the Study Group, as appropriate, to implement the Action Plan, which includes:

a. a wide range of ADR options;

b. a means to increase the public's awareness, understanding and access to ADR in Delaware; and

c. an ongoing process for evaluation and improvement of ADR practices in Delaware.

SYNOPSIS

This Resolution establishes a Study Group on Alternative Dispute Resolution ("ADR") for the purpose of studying and making recommendations for strengthening and expanding ADR in Delaware.The Study Group will be a multi-disciplinary body that cuts across political, geographic, economic and social boundaries to work toward developing a comprehensive state system offering appropriate dispute resolution options to all Delawareans through a network of government agencies, schools, community centers, non-profits and other institutions.The Study Group will develop an Action Plan that will pioneer problem-solving methods, programs and systems to provide alternatives to fighting, impasse and litigation.The Study Group is a starting point in this process.The Study Group will be organized and staffed by the Conflict Resolution Program of the University of Delaware's Institute for Public Administration.The Study Group is directed to report to the Governor and the General Assembly by June 30, 2013.