H-1310              _______________________________________________

                                                   HOUSE BILL NO. 1137

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Scott, Bristow, Peery, Jacobsen, Crane, Padden, Day, Lux and Todd

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to dispute resolution; creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that the resolution of certain criminal and domestic matters can be costly and complex in the context of a formal judicial proceeding and that the involved procedures and the attendant constraints of these proceedings are not always conducive to assuring that offensive conduct will not recur.  The legislature further finds that individual unresolved disputes which may be of small social or economic magnitude are collectively of enormous social and economic consequence and that many seemingly minor conflicts between individuals tend to escalate into major societal problems unless resolved early in an atmosphere wherein individuals can discuss their differences through an informal, yet structured, process.  Therefore, the legislature finds there is a compelling need in a complex society for dispute settlement centers in which people can resolve disputes in an informal atmosphere without restraints and intimidations and without the stress and tensions arising from adversary judicial proceedings.  In order to meet this need this act is adopted.

NEW SECTION. Sec. 2.     The superior court of a county may establish by order an alternative system for the peaceable and expeditious resolution of citizen disputes that do not require formal court action.

NEW SECTION. Sec. 3.     (1) To establish and maintain the alternative dispute resolution system, court costs shall be set by the court in an amount not to exceed five dollars and shall be taxed, collected, and paid as other court costs in each civil case, except suits for delinquent taxes, filed in a superior or district court in the county.  However, the county is not liable for the payment of these costs in any case.

          (2) The clerks of the respective courts in the county shall collect and pay the costs to the county treasurer, who shall deposit them in a separate fund to be known as the alternative dispute resolution system fund.  The fund shall be administered by the superior court for establishing and maintaining the alternative dispute resolution system in any convenient and accessible place or places in the county.  The fund may not be used for any other purpose.

NEW SECTION. Sec. 4.     The superior court shall have all necessary power to make the alternative dispute resolution system effective, including but not limited to the power to contract with any private nonprofit corporation, public corporation, or combination thereof, for the purpose of administering the system and to make all reasonable rules in regard to the system in order to effectuate this act.  The superior court may vest the management of such alternative dispute resolution system in a committee selected by the bar association of such county but the acts of the committee shall be subjected to the approval of the superior court.

NEW SECTION. Sec. 5.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.