SENATE BILL REPORT

HB 1620

BYRepresentatives Raiter, Belcher, R. Fisher, G. Fisher, Scott, R. King, Cole, Brumsickle, McLean, Bowman, Nutley, Locke, H. Myers, Jones, Jesernig, Nelson, Hargrove, Ferguson, P. King, Pruitt, Sprenkle and Rector

Providing for mediation of natural resource disputes.

House Committe on Natural Resources & Parks

Rereferred House Committee on Appropriations

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):March 28, 1989

Senate Staff:Barry Brandon (786-7717)

AS OF MARCH 27, 1989

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 should 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.

One hundred thousand dollars is appropriated from the general fund to the University of Washington for the Graduate School of Public Affairs.

Appropriation:    $100,000 to the University of Washington

Revenue:    none

Fiscal Note:      none requested