AN ACT Relating to dispute resolution; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that elected officials and administrators are confronted with increasingly complex choices which must take into account the competing claims of various individuals and groups. Business siting, environmental, community, and intergovernmental disputes can become protracted and lead to costly delays. The timely resolution of disputes through mediation and voluntary agreements can promote efficient and equitable settlements.

NEW SECTION. Sec. 2. There is created an office of mediation to respond to and facilitate short-term and long-term solutions to disputes of state-wide significance.

NEW SECTION. Sec. 3. As used in this chapter:

(1) "Board" means the advisory board of the office;

(2) "Director" means the director of financial management;

(3) "Office" means the office of mediation; and

(4) "Dispute" means an impasse or complex issue which requires the mediated negotiation of a third party and which is requested by the key parties to the dispute.

NEW SECTION. Sec. 4. For administrative purposes the office shall be located in the office of financial management. In order to form and administer the office, the governor shall appoint an advisory board of not more than eleven members to select staff and develop administrative procedures for the office. Individuals appointed to the advisory board shall be interested in balanced mediation and negotiated resolution of disputes. Members shall be appointed from the state bar association, persons representing cities and counties, the academic community, environmental groups, business groups, and consumers.

NEW SECTION. Sec. 5. The board shall review and recommend to the director a staff to carry out the functions of the office. The director shall hire the staff and fix their salaries. The staff director shall be a person skilled in mediation and other forms of dispute resolution.

NEW SECTION. Sec. 6. The following categories of disputes may be referred to the office if they qualify under section 9 of this act:

(1) The parties have reached an impasse and have done everything possible to reach a voluntary agreement;

(2) The dispute involves complex technical and scientific issues requiring some form of joint fact-finding beyond what an elected or appointed official would have time to handle; or

(3) Litigation is pending against the state or political subdivision which is of state-wide significance and mediation needs to be tried before going to court.

NEW SECTION. Sec. 7. Dispute cases which may utilize the assistance of the office shall be referred to the office only by the director, the governor, the attorney general, the director of commerce and economic development, the director of community development, or the director of ecology.

NEW SECTION. Sec. 8. Once a request for assistance has been made, the staff shall conduct a preliminary conflict assessment. The assessment shall explore the dispute from every angle talking to the key parties to assess prospects for successful resolution. If further involvement seems warranted the staff shall call the parties together for a face-to-face meeting to outline the possible dispute resolution strategies the parties might want to consider.

To the extent the parties feel that staff from the office would be helpful, staff time shall be committed to a mediating role. To the extent the parties preferred an outside mediator, the staff may utilize its funds to hire outside professional mediators. The office shall maintain an updated list of mediators.

NEW SECTION. Sec. 9. The dispute areas that may be covered include but are not limited to business siting, environmental regulations, environmental mitigations, hazardous waste management and facilities siting, and potential litigation. Legislative or quasi-judicial decisions made by a county or city legislative body shall not be included as dispute areas.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 11. A new section is added to chapter 41.06 RCW to read as follows:

In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply to the staff of the office of mediation employed under section 5 of this act. The provisions of RCW 41.06.070(25), dealing with the salaries of exempt positions, shall not apply to such staff.

NEW SECTION. Sec. 12. There is appropriated from the general fund to the office of mediation for the biennium ending June 30, 1987, the sum of one hundred thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 13. Sections 1 through 9 of this act shall constitute a new chapter in Title 43 RCW.