AN ACT Relating to mediation; creating new sections; making an appropriation; and providing an expiration date.

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

NEW SECTION. Sec. 1. (1) The legislature finds and declares that:

(a) There are often conflicts between economic development and environmental protection. Imposed settlements to disputes rarely settle the conflict in a manner acceptable to all disputants.

(b) There is a potential for more successful dispute resolutions if the disputants negotiate and universally agree to a settlement.

(d) Negotiated settlements often save time and expense.

(e) Negotiated settlements often find more creative solutions to disputes instead of establishing winners and losers.

(f) When all parties agree to the resolution of a dispute, there may be greater compliance and more predictable implementation.

(g) Negotiation allows technical expertise to be used to find solutions to a dispute rather than prove that one side is right or wrong.

(2) It is therefore the intent of the legislature to encourage the use of mediation as a dispute resolution process; offer grants to partially finance mediation of selected natural resource disputes; and evaluate the effectiveness of financial assistance for mediation.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 5 of this act.

(1) "Committee" means the committee for mediation.

(2) "Disputant" means any person or group actively engaged in a natural resource dispute who would likely have legal standing to litigate the dispute.

(3) "Mediation" means a voluntary process in which all disputants agree to work toward a mediated settlement with the assistance of a mediator.

(4) "Mediator" means a person who all disputants agree can assist in settling the dispute.

(5) "Mediated settlement" means a settlement to a dispute that is acceptable to all disputants.

(6) "Natural resource dispute" means a dispute over the allocation, use, or protection of land, water, air, vegetation, fish, marine mammals, and wildlife.

NEW SECTION. Sec. 3. (1) The committee for mediation is established within the graduate school of public affairs at the University of Washington. The committee shall consist of the following five members: The governor or the governor's designee; a member of the Washington state bar association; a member of an environmental organization; a member of a business organization; and a member of an organization of local governments.

(2) Members of the committee shall be appointed by the governor, who shall select persons who have knowledge of, or experience with, mediated settlements of natural resource disputes.

(3) The members of the committee shall not receive compensation but shall be reimbursed under RCW 43.03.050 and 43.03.060 for travel expenses incurred while attending official meetings of the committee.

NEW SECTION. Sec. 4. The committee may award grants to partially fund mediation of natural resource disputes. The committee shall make every reasonable effort to have disputants repay state grant moneys. In awarding the grants, the committee shall give priority to natural resource disputes that affect economic development in the state. The committee shall also consider the complexity and importance of the dispute, the likelihood of resolution through mediation, the disputants' ability to pay, and the limited financial resources available for grants.

NEW SECTION. Sec. 5. (1) As a condition of receiving a grant, the disputants and the mediator must agree to: (a) Give periodic reports to the committee on the progress of mediation, and (b) provide an evaluation of the effectiveness of financial assistance for mediation and the value of the mediation.

(2) Any portion of a grant that is not used for mediation shall be returned to the committee.

NEW SECTION. Sec. 6. All memoranda, work notes or product, or case files associated with disputes mediated in accordance with sections 1 through 5 of this act are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless the court or administrative tribunal determines that the materials were submitted by a participant to the center for the purpose of avoiding discovery of the material in a subsequent proceeding. Any communication relating to the subject matter of the settlement made during the settlement process by any disputant, mediator, or any other person is a privileged communication and is not subject to disclosure in any judicial or administrative proceeding unless all disputants party to the communication waive the privilege. This privilege and limitation on evidentiary use does not apply to any communication of a threat that injury or damage may be inflicted on any person or on the property of a disputant to the extent the communication may be relevant evidence in a criminal matter.

NEW SECTION. Sec. 7. (1) By January 1, 1991, the committee shall submit to the legislature an evaluation of the effectiveness of mediation in settling natural resource disputes. The evaluation shall include:

(a) Recommendations for improvement;

(b) Proposed legislation, if necessary;

(d) An assessment of the ability of disputants to pay the entire cost of mediation.

(2) The committee shall cease to exist and sections 1 through 6 of this act shall expire on June 30, 1991.

NEW SECTION. Sec. 8. The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the University of Washington for the graduate school of public affairs to be used solely for travel expenses of the committee and mediation grants.