University of Oregon School of Law
OREGON OFFICE FOR COMMUNITY DISPUTE RESOLUTION 1515 Agate Street, Room 330C, 1221 University of Oregon Eugene, Oregon 97403 541-346-1623 (fax) 541-346-1564 cheltzel@uoregon.edu A SUMMARY OF COMMUNITY MEDIATION GRANT ALLOCATION MODELS ACROSS STATES Prepared by Carrie Heltzel Oregon Office for Community Dispute Resolution May, 2006
Overview An informal survey conducted by the Oregon Office for Community Dispute Resolution supports findings from the National Association for Community Mediation (NAFCM) revealing that a small percentage of states across the country have formal funding mechanisms in place to support community mediation efforts. NAFCM findings conclude that only 12-15 states receive some type of state-level funding. Funding mechanisms and models vary widely, ranging from states that have state-wide bodies to administrate and oversee grant programs, to states that allow for a percentage of court filing surcharge fees to be distributed directly to community mediation programs. 1 Following is a summary of the states that were surveyed by the OOCDR regarding their funding mechanisms and allocation models: Maryland Funding Mechanisms: The Maryland Mediation and Conflict Resolution Office (MACRO) is housed and funded within the state judiciary, and is the successor to the Maryland ADR Commission. MACRO distributes approximately $1 million in grants per year to qualifying community mediation programs. Allocation Model: Community mediation programs receiving grants from MACRO must meet the conditions of a 10 point community mediation model, performance and fiscal responsibility measurements, diversification of funding sources including matching funds requirements of between 10 % - 40% of grant amounts, and an optional cultural diversity element. Grants range from $20,000 - $130,000 per program. The Maryland Association of Community Mediation Centers (MACMC) works closely with MACRO and supports centers through training, grant writing and technical assistance, research, and the development of state-wide partnerships and collaborative efforts. Executive Director Lorig Charkoudian has given us permission to adopt part or all of MACRO’s 10 point model as desired.
1
National Association for Community Mediation, State of Community Mediation Report on 2004 Data
Summary of Allocation Models Across States
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Washington Funding Mechanisms and Allocation Model: Dispute resolution centers in Washington are funded, in part or in whole, through a combination of civil and small claims court filing fee surcharges under the Revised Code of Washington Court Improvement Act (1984). As of 2005 18 DRC’s were authorized under this statute. Each DRC directly receives the county’s share of the court filing fee surcharge revenue. Resolution Washington is a statewide association of DRC’s whose goal is to promote community mediation throughout the state and provide mutual support and collaboration on joint projects. Minnesota Funding Mechanisms and Allocation Model: Dispute Resolution Programs (DRP’s) are funded by the state (Statute 494), based upon an equal allocation model with a $20,000 cap per program. This equal allocation model has created an historic, built in disincentive for growth of DRP’s in the state. Michigan Funding Mechanism: Preliminary research indicates that the state legislature funds court-related mediation services provided by community mediation centers via the Office of Dispute Resolution (ODR) of the State Court Administrative Office (1988). As of the date of this report, additional information regarding the details of funding and allocation methods is unavailable. Illinois Preliminary research found no evidence of legislative or judicial support of community mediation programs; however, Illinois has a robust program housed out of the Center for Conflict Resolution that supports ADR efforts in the courts; The Center for Analysis of Alternative Dispute Resolution Systems (CAADRS). CAADRS acts as an information clearinghouse and resource center and also provides training and evaluation of court-related ADR programs throughout the state. Nebraska The Nebraska Supreme Court Office of Dispute Resolution awards grants to community mediation programs throughout the state. As of the date of this report, specific information regarding funding mechanisms and allocation models is unavailable. Florida Florida disburses funding to court connected programs only. Community mediation programs must locate and secure their own sources of funding.
Summary of Allocation Models Across States
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Virginia While Virginia has no state statute, the general assembly allocates money as a line item of the budget to support court referred cases only. Approximately $1.6 million per year is paid out to community mediation programs and private practitioners. Funds are disbursed on a fee for service basis with fees ranging between $90- $200 per case. Each year the Virginia Dispute Resolution Service initiates an RFP process that is open to community mediation centers as well as private practitioners. The RFP provides fees for two kinds of services: mediation coordination of all case management aspects, including screening, assessment, intake, etc., and mediation services. No match is required. North Carolina North Carolina funds approximately 22 community mediation centers through the justice and public safety line item of the general assembly’s biennial budget. These monies are passed through the State Administrative Office of the Courts and then disbursed to the Mediation Network of North Carolina, which in turn disburses the monies to the individual programs. The network currently awards approximately $1.4 million each biennium with zero increase in grant awards since 2001. Programs must comply with training certification standards, financial and budget requirements, match requirements, and performance measures including a 1-5 star accountability score. Community mediation centers must be non-profits to qualify. Hawaii Community mediation programs in Hawaii are funded as a line item in the legislative budget. The old allocation model (1991-1997) provided for a guaranteed $25,000 biennial grant per program, with the remainder of the monies allocated on a performance based productivity model. The current allocation model is needs based, with all mediation center directors meeting one day each biennium to arrive at consensus on the allocation amounts with a formal vote at the end of the meeting. Each program is required to provide a 15% non-judiciary match. Programs also earn revenue through administrative fees of $35 per party per session, although pro-bono services are provided for low income clients. New York Funding is provided through the state general appropriations fund. CDRC grants are administered out of the Office of Alternative Dispute Resolution through the Unified Court System’s Office of Court Administration. Approximately 62 counties receive grants of $20,000 each. This year there is a budget request to raise this amount to $40,000. Grants must be supported through a dollar for dollar match.