HF 765

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2013 06:03pm

A bill for an act
relating to state government; creating an Office of Collaboration and Dispute
Resolution in the Bureau of Mediation Services; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 179.

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

Section 1.

new text begin [179.90] OFFICE OF COLLABORATION AND DISPUTE
RESOLUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Policy. new text end

new text begin In a complex society, a compelling need exists for peaceful,
efficient, and lasting resolution to conflicts. Mediation expands access to justice,
strengthens communities, and saves taxpayer dollars. When two or more persons cannot
settle a dispute directly between themselves, the disputants should be encouraged and
assisted to resolve their dispute with the assistance of a trusted and competent third-party
mediator, whenever possible, rather than the dispute resulting in litigation or being
referred to law enforcement or another government entity. Therefore, public agencies
are encouraged to:
new text end

new text begin (1) deploy mediation for intergovernmental disputes;
new text end

new text begin (2) utilize community mediation in support of statewide and community objectives;
and
new text end

new text begin (3) foster the development or expansion of integrated, flexible, and diverse
community, judicial, and state agency dispute resolution programs.
new text end

new text begin This chapter is enacted in furtherance of this policy.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of office. new text end

new text begin The commissioner of mediation services shall
establish an Office of Collaboration and Dispute Resolution within the bureau. The office
must:
new text end

new text begin (1) promote the broad use of mediation in the state, ensuring that all areas of the
state have access to services by providing grants to private nonprofits or entities that
assist in resolution of disputes;
new text end

new text begin (2) assist state agencies, offices of the executive, legislative, and judicial branches,
and units of local government in improving collaboration and dispute resolution;
new text end

new text begin (3) support collaboration and dispute resolution in the public and private sector by
providing technical assistance and information on best practices, by ensuring mediation
quality through oversight and evaluation through performance-based standards, and by
reporting on statewide collaboration and dispute resolution outcomes;
new text end

new text begin (4) educate the public and governmental entities on mediation options: and
new text end

new text begin (5) promote and utilize collaborative dispute resolution models and processes based
on documented best practices including, but not limited to, the Minnesota Solutions model:
new text end

new text begin (i) establishing criteria and procedures for identification and assessment of dispute
resolution projects;
new text end

new text begin (ii) designating projects and appointing impartial convenors by the commissioner
or the commissioner's designee;
new text end

new text begin (iii) forming multidisciplinary conflict resolution teams; and
new text end

new text begin (iv) utilizing collaborative techniques, processes, and standards through facilitated
meetings until consensus among parties is reached in resolving a dispute.
new text end

Sec. 2.

new text begin [179.91] GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin The commissioner of mediation services, through the
office, must make grants to private nonprofit entities that assist in resolution of disputes.
The commissioner shall establish a grant review committee to assist the commissioner in
review of grant applications under this section.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin To be eligible for a grant under this section, a nonprofit
organization must meet the requirements of section 494.05, subdivision 1, clauses (1),
(2), (4), and (5). The commissioner may make a grant to a nonprofit organization only if
the organization demonstrates that at least one-half of its annual budget will be derived
from sources other than the state, unless the commissioner determines that a larger grant is
appropriate for a nonprofit organization that has been in existence less than three years.
new text end

new text begin Subd. 3. new text end

new text begin Contents of agreements. new text end

new text begin A grant agreement may include
performance-based standards that apply to a specified percentage of the potential grant
amount. A grant may include a requirement for a matching contribution from a nonstate
source.
new text end

new text begin Subd. 4. new text end

new text begin Conditions and exclusions. new text end

new text begin A nonprofit entity receiving a grant must,
as a condition of the grant, agree to comply with guidelines adopted by the state court
administrator under section 494.015, subdivision 1, and with other conditions the
commissioner may impose. Sections 16B.97 and 16B.98 and policies adopted under those
sections apply to grants under this section. The exclusions in section 494.03 apply to
grants under this section.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin Grantees must report data required under chapter 494 and
additional information required by the commissioner to evaluate quality and outcomes.
new text end

Sec. 3.

new text begin [179.92] OTHER APPLICABLE LAWS.
new text end

new text begin Section 494.02 applies to confidentiality of communications for dispute resolution
under this chapter. Sections 572.31 to 572.41 apply to dispute resolution under this chapter.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $750,000 is appropriated in fiscal year 2014 from the general fund to the
commissioner of mediation services for the biennium ending June 30, 2015, for the Office
of Collaboration and Dispute Resolution. Of this amount, at least 70 percent is for grants
under section 179.91.
new text end