Bill Text: MN HF765 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Office of Collaboration and Dispute Management created in the Bureau of Mediation Services, funding provided, and money appropriated.
Sponsorship: Moderate Partisan Bill (Democrat 26-3)
Status: (Introduced - Dead) 2013-03-20 - Author stricken Lohmer [HF765 Detail]
Download: Minnesota-2013-HF765-Introduced.html
1.2relating to state government; creating an Office of Collaboration and Dispute
1.3Resolution in the Bureau of Mediation Services; appropriating money;proposing
1.4coding for new law in Minnesota Statutes, chapter 179.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [179.90] OFFICE OF COLLABORATION AND DISPUTE
1.7RESOLUTION.
1.8 Subdivision 1. Policy. In a complex society, a compelling need exists for peaceful,
1.9efficient, and lasting resolution to conflicts. Mediation expands access to justice,
1.10strengthens communities, and saves taxpayer dollars. When two or more persons cannot
1.11settle a dispute directly between themselves, the disputants should be encouraged and
1.12assisted to resolve their dispute with the assistance of a trusted and competent third-party
1.13mediator, whenever possible, rather than the dispute resulting in litigation or being
1.14referred to law enforcement or another government entity. Therefore, public agencies
1.15are encouraged to:
1.16(1) deploy mediation for intergovernmental disputes;
1.17(2) utilize community mediation in support of statewide and community objectives;
1.18and
1.19(3) foster the development or expansion of integrated, flexible, and diverse
1.20community, judicial, and state agency dispute resolution programs.
1.21This chapter is enacted in furtherance of this policy.
1.22 Subd. 2. Establishment of office. The commissioner of mediation services shall
1.23establish an Office of Collaboration and Dispute Resolution within the bureau. The office
1.24must:
2.1(1) promote the broad use of mediation in the state, ensuring that all areas of the
2.2state have access to services by providing grants to private nonprofits or entities that
2.3assist in resolution of disputes;
2.4(2) assist state agencies, offices of the executive, legislative, and judicial branches,
2.5and units of local government in improving collaboration and dispute resolution;
2.6(3) support collaboration and dispute resolution in the public and private sector by
2.7providing technical assistance and information on best practices, by ensuring mediation
2.8quality through oversight and evaluation through performance-based standards, and by
2.9reporting on statewide collaboration and dispute resolution outcomes;
2.10(4) educate the public and governmental entities on mediation options: and
2.11(5) promote and utilize collaborative dispute resolution models and processes based
2.12on documented best practices including, but not limited to, the Minnesota Solutions model:
2.13(i) establishing criteria and procedures for identification and assessment of dispute
2.14resolution projects;
2.15(ii) designating projects and appointing impartial convenors by the commissioner
2.16or the commissioner's designee;
2.17(iii) forming multidisciplinary conflict resolution teams; and
2.18(iv) utilizing collaborative techniques, processes, and standards through facilitated
2.19meetings until consensus among parties is reached in resolving a dispute.
2.20 Sec. 2. [179.91] GRANTS.
2.21 Subdivision 1. Authority. The commissioner of mediation services, through the
2.22office, must make grants to private nonprofit entities that assist in resolution of disputes.
2.23The commissioner shall establish a grant review committee to assist the commissioner in
2.24review of grant applications under this section.
2.25 Subd. 2. Eligibility. To be eligible for a grant under this section, a nonprofit
2.26organization must meet the requirements of section 494.05, subdivision 1, clauses (1),
2.27(2), (4), and (5). The commissioner may make a grant to a nonprofit organization only if
2.28the organization demonstrates that at least one-half of its annual budget will be derived
2.29from sources other than the state, unless the commissioner determines that a larger grant is
2.30appropriate for a nonprofit organization that has been in existence less than three years.
2.31 Subd. 3. Contents of agreements. A grant agreement may include
2.32performance-based standards that apply to a specified percentage of the potential grant
2.33amount. A grant may include a requirement for a matching contribution from a nonstate
2.34source.
3.1 Subd. 4. Conditions and exclusions. A nonprofit entity receiving a grant must,
3.2as a condition of the grant, agree to comply with guidelines adopted by the state court
3.3administrator under section 494.015, subdivision 1, and with other conditions the
3.4commissioner may impose. Sections 16B.97 and 16B.98 and policies adopted under those
3.5sections apply to grants under this section. The exclusions in section 494.03 apply to
3.6grants under this section.
3.7 Subd. 5. Reporting. Grantees must report data required under chapter 494 and
3.8additional information required by the commissioner to evaluate quality and outcomes.
3.9 Sec. 3. [179.92] OTHER APPLICABLE LAWS.
3.10Section 494.02 applies to confidentiality of communications for dispute resolution
3.11under this chapter. Sections 572.31 to 572.41 apply to dispute resolution under this chapter.
3.12 Sec. 4. APPROPRIATION.
3.13$750,000 is appropriated in fiscal year 2014 from the general fund to the
3.14commissioner of mediation services for the biennium ending June 30, 2015, for the Office
3.15of Collaboration and Dispute Resolution. Of this amount, at least 70 percent is for grants
3.16under section 179.91.
1.3Resolution in the Bureau of Mediation Services; appropriating money;proposing
1.4coding for new law in Minnesota Statutes, chapter 179.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [179.90] OFFICE OF COLLABORATION AND DISPUTE
1.7RESOLUTION.
1.8 Subdivision 1. Policy. In a complex society, a compelling need exists for peaceful,
1.9efficient, and lasting resolution to conflicts. Mediation expands access to justice,
1.10strengthens communities, and saves taxpayer dollars. When two or more persons cannot
1.11settle a dispute directly between themselves, the disputants should be encouraged and
1.12assisted to resolve their dispute with the assistance of a trusted and competent third-party
1.13mediator, whenever possible, rather than the dispute resulting in litigation or being
1.14referred to law enforcement or another government entity. Therefore, public agencies
1.15are encouraged to:
1.16(1) deploy mediation for intergovernmental disputes;
1.17(2) utilize community mediation in support of statewide and community objectives;
1.18and
1.19(3) foster the development or expansion of integrated, flexible, and diverse
1.20community, judicial, and state agency dispute resolution programs.
1.21This chapter is enacted in furtherance of this policy.
1.22 Subd. 2. Establishment of office. The commissioner of mediation services shall
1.23establish an Office of Collaboration and Dispute Resolution within the bureau. The office
1.24must:
2.1(1) promote the broad use of mediation in the state, ensuring that all areas of the
2.2state have access to services by providing grants to private nonprofits or entities that
2.3assist in resolution of disputes;
2.4(2) assist state agencies, offices of the executive, legislative, and judicial branches,
2.5and units of local government in improving collaboration and dispute resolution;
2.6(3) support collaboration and dispute resolution in the public and private sector by
2.7providing technical assistance and information on best practices, by ensuring mediation
2.8quality through oversight and evaluation through performance-based standards, and by
2.9reporting on statewide collaboration and dispute resolution outcomes;
2.10(4) educate the public and governmental entities on mediation options: and
2.11(5) promote and utilize collaborative dispute resolution models and processes based
2.12on documented best practices including, but not limited to, the Minnesota Solutions model:
2.13(i) establishing criteria and procedures for identification and assessment of dispute
2.14resolution projects;
2.15(ii) designating projects and appointing impartial convenors by the commissioner
2.16or the commissioner's designee;
2.17(iii) forming multidisciplinary conflict resolution teams; and
2.18(iv) utilizing collaborative techniques, processes, and standards through facilitated
2.19meetings until consensus among parties is reached in resolving a dispute.
2.20 Sec. 2. [179.91] GRANTS.
2.21 Subdivision 1. Authority. The commissioner of mediation services, through the
2.22office, must make grants to private nonprofit entities that assist in resolution of disputes.
2.23The commissioner shall establish a grant review committee to assist the commissioner in
2.24review of grant applications under this section.
2.25 Subd. 2. Eligibility. To be eligible for a grant under this section, a nonprofit
2.26organization must meet the requirements of section 494.05, subdivision 1, clauses (1),
2.27(2), (4), and (5). The commissioner may make a grant to a nonprofit organization only if
2.28the organization demonstrates that at least one-half of its annual budget will be derived
2.29from sources other than the state, unless the commissioner determines that a larger grant is
2.30appropriate for a nonprofit organization that has been in existence less than three years.
2.31 Subd. 3. Contents of agreements. A grant agreement may include
2.32performance-based standards that apply to a specified percentage of the potential grant
2.33amount. A grant may include a requirement for a matching contribution from a nonstate
2.34source.
3.1 Subd. 4. Conditions and exclusions. A nonprofit entity receiving a grant must,
3.2as a condition of the grant, agree to comply with guidelines adopted by the state court
3.3administrator under section 494.015, subdivision 1, and with other conditions the
3.4commissioner may impose. Sections 16B.97 and 16B.98 and policies adopted under those
3.5sections apply to grants under this section. The exclusions in section 494.03 apply to
3.6grants under this section.
3.7 Subd. 5. Reporting. Grantees must report data required under chapter 494 and
3.8additional information required by the commissioner to evaluate quality and outcomes.
3.9 Sec. 3. [179.92] OTHER APPLICABLE LAWS.
3.10Section 494.02 applies to confidentiality of communications for dispute resolution
3.11under this chapter. Sections 572.31 to 572.41 apply to dispute resolution under this chapter.
3.12 Sec. 4. APPROPRIATION.
3.13$750,000 is appropriated in fiscal year 2014 from the general fund to the
3.14commissioner of mediation services for the biennium ending June 30, 2015, for the Office
3.15of Collaboration and Dispute Resolution. Of this amount, at least 70 percent is for grants
3.16under section 179.91.
