HOUSE BILL REPORT

ESHB 12

BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Rust, Walker, Valle, May, Nutley, Allen, Unsoeld, Brekke, Lux, Pruitt, Jacobsen, Belcher and P. King) 

Authorizing grants for mediation of disputes involving natural resources.

House Committe on Environmental Affairs

Majority Report:     Do pass.  (14)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Susan Gulick (786-7116)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (20)

     Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Grant, Grimm, Hine, Holland, McLean, McMullen, Nealey, Niemi, Peery, Sayan, Silver, L. Smith, H. Sommers and Sprenkle.

House Staff:    Nancy Stevenson (786-7137)

AS PASSED HOUSE JANUARY 13, 1988

BACKGROUND:

Mediation is a voluntary process where parties involved in a dispute work together with the assistance of a neutral third party to arrive at an acceptable settlement.  A settlement may not be imposed on either party, and if a mutually agreeable settlement is not reached, the disputants may then turn to more traditional systems of dispute resolution, such as litigation or arbitration.  Mediation would not be confused with arbitration, where a third party hears both sides and imposes a settlement on the disputants.

Mediation has been used by other states for a variety of disputes, ranging from establishing health and safety standards, to allocating funds for social services, to siting industries or hazardous waste facilities.  Community dispute resolution centers use mediation in domestic disputes such as divorce and child custody.  Mediation has also led to successful settlement of natural resource disputes in Washington, such as the Timber, Fish and Wildlife agreement on the Forest Practices Act.

SUMMARY:

The committee for mediation is established within the graduate school of public affairs at the University of Washington.  The committee will consist of the governor, a member of the state bar association, a member of a business organization, a member of an environmental organization, and a representative of local government.  The committee may award grants to partially finance mediation of natural resource disputes.  Priority will be given to disputes that affect economic development in the state.  The disputants and mediators who receive grants will give periodic progress reports to the committee.

All work files are confidential and not subject to discovery in any subsequent litigation.

By January 1, 1991, the committee will provide the legislature an evaluation of the effectiveness of the program.  The committee will cease to exist on June 30, 1991.

Forty nine thousand dollars is appropriated from the general fund to the University of Washington for the graduate school of public affairs.

Appropriation:  $49,000 to the University of Washington graduate school of public affairs.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     (Environmental Affairs)  Washington Forest Protection Association, National Audubon.

(Ways & Means/Appropriations)  Representative Nancy Rust, Mike Yeager, Washington Forest Protection Association; Pam Crocker Davis, National Audubon.

House Committee - Testified Against: (Environmental Affairs)  None Presented.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:     (Environmental Affairs)  Mediation has been highly successful in the adoption of rules regarding bald eagles and in the timber, fish and wildlife agreement in the Forest Practices Act.  Mediation leads to better implementation of agreements, and, most importantly, leads to the development of positive respectful relationships between adversaries so that they can learn to solve future disputes without the assistance of a third party.  Grants will help fund the process when one of the parties is unable to pay their share, and will help ensure the neutrality of the mediator.

(Ways & Means/Appropriations)  Mediation saves money in the long run because litigation is avoided.

House Committee - Testimony Against: (Environmental Affairs)  None Presented.

(Ways & Means/Appropriations)  None Presented.