SENATE 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

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):March 23, 1987; February 17, 1988

Majority Report:  Do pass.

      Signed by Senators Metcalf, Chairman; Smith, Vice Chairman; Benitz, DeJarnatt, Kreidler, Owen.

Senate Staff:Henry Yates (786-7708)

                  February 18, 1988

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 17, 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 been a successful method of resolving natural resource disputes in Washington; one example being the Timber/Fish/Wildlife agreement regarding changes to management under 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.

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

Fiscal Note:      available

Senate Committee - Testified: Stu Bledsoe, Washington Forest Protection Agency (pro); Michael Doctor, Marine Environment Consortium (pro)