Res 10-575RESOLUTION NO. 10-575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON ENDORSING THE USE OF
ALTERNATIVE DISPUTE RESOLUTION SERVICES THROUGH
THE DISPUTE RESOLUTION CENTER OF HING COUNTY
WHEREAS, the health and vitality of any community is enhanced when the inhabitants of
that community can resolve their disputes quickly and inexpensively; and
WHEREAS, the resolution of disputes can be costly and complex in a judicial setting when
the parties involved are in an adversary posture and subject to formalized procedures; and
WHEREAS, unresolved or continued disputes are costly to communities through increased
police response, increased crime, disruption of commerce, and general neighborhood and community
discord; and
WHEREAS, alternative dispute resolution processes can meet the needs of Federal Way
citizens by providing a forum in which persons and entities may voluntarily participate in the
resolution of disputes in an informal and less adversarial process; and
yVHEREAS, the use of alternative dispute resolution processes in the context of Federal
Way's neighborhoods, businesses, schools, and overall community can enhance relationships
throughout Federal Wa�, and
WHEREAS, city and community resources which are now devoted to the resolution of
disputes through criminal and civil judicial system may be conserved and/or better utilized by having
alternative dispute resolution services better available in Federal Way; and
Resolution No.10-575 Page 1 of 4
WHEREAS, building community awareness, community partnerships, a sense of community
ownership, identifying needs, and coordinating services is a vital part of the success of any
community based alternative dispute resolution program; and
WHEREAS, the Dispute Resolution Center of King County is a non-profit formed pursuant
to RCW 7.75 to provide mediation and other alternative dispute resolution services throughout King
County; and
WHEREAS, although the City of Federal Way could create its own dispute resolution center
under RCW 7.75, it will save tens of thousands of dollars for the taxpayers of Federal Way to enter
into an agreement with an existing entity already providing alternative dispute resolution services;
and
WHEREAS, the Federal Way Municipal Court entered into an agreement for alternative
dispute resolution services in April 2009 at no taxpayer expense; and
WHEREAS, City of Federal Way departments can benefit on occasion from resolving its
disputes through the use of low cost mediation services; and
WHEREAS, the people of Federal Way deserve stewardship of city resources; and
WHEREAS, the citizens of Federal Way deserve ongoing stewardship of city resources
directed in cost-effective ways to benefit the community, according to the National Association for
Community and Family Mediation:
"...Community mediation truly has its roots in tradition of democratic self-
governance. Community mediation programs have the potential of empowering
citizens to effectively operate in a democracy. Programs and mediators teach citizens
to resolve their disputes through participation. .. The mediation process is
progressive and creative with the potential of opening doors and opening dialog.
This often results in greater understanding and finding common ground."
Resolution No.10-575 Page 2 of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. The City Council endorses the Federal Way Municipal CourYs agreement with
the Dispute Resolution Center of King County for alternative dispute resolution services for the
citizens of the Greater Federal Way area, attached hereto as Exhibit A and incorporated by this
reference.
Section 2. The City Council further directs that the City Manager develop protocols for
the use of the Dispute Resolution Center of King County by City of Federal Way departments to
assist in the resolution of disputes when appropriate.
Section 3. Severabilitv. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolurion.
Section 4. Corrections. The City Clerk and the codifiers ofthis resolution are authorized
to make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage
by the Federal Way City Council.
Resolution No.10-5 �5 Page 3.of 4
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 16 day of February, 2010.
CITY OF FEDERAL WAY
ATTEST:
C �/jf�-
CITY CLERK, CARO MC LY, CMC
APPROVED AS TO FORM:
� `�,��� -
C Y ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 02/09/2010
PASSED BY THE CITY COUNCIL: 02/16/2010
RESOLUTION NO.: 10-575
Resolution No.10-5�5 Page 4 of 4
EXHIBIT A
Disput�Resolution
CENTER o�f KfNG COUNTY
Memorandum of Understanding
Befinreen the
Dispute Resotution Center of King Coun#y
and Federal Way Municipal Court
ap�i xoas
RESOLVE IT IF YOU CAN — CALL US !F YOU CAN'T.
4649 Sunnyside Avenue N, Suite 520 — Seattle WA 98103 — 206-443-9603 — www.kcdre.org
Memorandum of Understanding
Between the Dispute Resolution Center of King County
and the Federaf Way Municipa! Court
The Dispute Resolution Cenfier of King County (DRCj is excifed to partner with the Federa/
Way Mun3cipa! Court to bring alternative dispute cesolution services to south King Cour►ty.
This partnership will a//ow the City of Federa! Way to easily refer south King County ciNzens
to the DRC of King County and assist citizens by providing a new south end mediation
location. �
This Memorandum of Undecstanding is made between fhe Federal Way Municipal Court (catled the
. "Court'� and the.Dispute Resotution Genter of King County (called the "DRC).
1. A�encv Overview
The Dispute Resofution Center of King County provides altemative dispute resolution services, a
mediation training program and a variety of workshops and customized trainings for the community.
Founded as a non-prafit organization in 1986 by the King County Bar Association, the DRC in King
County is the largest of 20 dispu#e resofution centers in Washington State. The DRC partners with
educational irtstitutions, the law and justice community and govemment to provide a fess
adversariat attemative ta litigafion.
The DRC provides services and training to federal, county and city departments; educationat
institutions, individuals, private business and a variety of charitable organizations including arts
organizat�ons, faith-based organizations and social service organizations.
Services include telephone coaching and conciliation, court mediation in the King County District .
Court, facilitated conversations, two party m�iation, group mediation and process facilitation. The
DRC primarily uses a facititative, interest-basett mediation modei that is remarkably successful and
used throughout the nation at most of the 500 communifiy-based dispute resolution centers.
The DRC specializes in helping with disputes befinreen neighbors, between small business and
consumers and with families involved in dissotution (including parenting plans and asset division.).
We also provide cross-cuitural mediafions and servi�s for landlords and tenants, workpfaces,
schools, €aith-based organizations and groups.
2. Mediator Qualifications
The DRC has provided services to the communify for over 20 years and developed a respected
expertise in the mediation industry. We provide an excel(ent mediation training program that
includes 40-hours of rigorous cfassroom #raining, a mentored apprenticeship program, advanced
mediator training, in-services and continuing education for our mediators. Mediation students must
complete required and elective credits, along with observatians, co-mediations and.case
assessment and development training before they are certified to mediate for the DRC.
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3. About Mediation
Mediation is a voiuntary process in which the parties work together to resolve disagreements with
the aid of a professionat mediator who provides a structured and controlled mediation process.
Mediation is not about who is right or wrong but about frnding mutually agreeable solutions that
address the ne�cls of all sides. Mediators do not advocate for any side in a dispute or impose a
settlemerrt, nor do they evaluate a dispute to determine the legal merits of the case_ When an
agreement is reached, the agreement is signed by each pariy and becomes a legaily binding
contract.
Mediation is a process that requires the participants be the individuals that are authorized to make
decisions about the dispute. Legal councit may be present at the mediation but may not speak for
their clients. Legal councit may consult with their clients a private caucus or break during the
mediation. The DRC encourages citizens to seek outside counset, when appropriate, in order to
make an informed decision.
According to the Nationaf Association for Community and Family Mecfiation:
"Community mediation programs continue to grow and prosper. As diversity
and differences increase in the U.S., the opportunities for conflicts artd
disputes will increase conc�rnitantly. A recent sunrey stated that 82% of
Americans would prefer to go to a mediator rather than go to court. Despite
the active use of volunteer community mediators, more resources need to be
devoted to this arena....
...Community mediation truly has its roots in the tradition of democratic self-
governance. Community mediation programs have the potential of
empowering citizens to effectively operate in a democracy. Programs and
mediators teach citizens to resolve their disputes through participation...The
media#ion process is progFessive and creative with the potentiai of opening
doors and opening dialog. This often results in greater understanding and
finding common ground." �
4. Cases Aaaropriate for Mediation
Almost any type of civit dispu#e in which parties are willing to negotiate in gooci faith; are willing to
shift from their original position; are witling to put the relevant iriformation on the table and are
wilting to keep their agreements may be appropriate for mediation. Subject to screening policies of
the DRC, the types of disputes the DRC could accept as refemats. �
• Referrais from city police as part of community poiicing;
• Refemals ftom code enforcement personnel; �
• Referrals from the court;
• Referrals from other city departments;
• Referrals from locai schools;
• Referrals from community members, bar associations, lawyers, chamber of commerce
members, local businesses, and others to assist in resolving:
o Disputes involving business merchandise, services, repairs, refunds, contracts and
. warranties; .
o Ciaims related to money, personal property, real estate and property lines; �
o Workptace disputes involving discipline, evaluation, contract interpretation, and
interpersonal differences,
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o Landlord/tenant probtems concerning deposits, repairs, damage, termination of
tenancy, and disputes involving mobi{e home parks and commercial leases;
o Family disputes involving interpersonal conflict, divorce, the dissolution of
partnerships, parenting plans and probate;
o Neighbor to neighbor disputes involving noise. pets, litt�ring� and landscaping.
5. Cases Not Aaaropriate for Mediation
The DRC does not handle the foilowing kinds of disputes:
• Disputes invalving violence or serious threats of violence to persons or property
• Disputes where there is a pattern of physical abuse befinreen the parties
• Disputes where a party is irnpaired by drugs or alcohol
• Domestic violencs disputes between victim and offender
• Matters which involve the direct settlement or negotiati�n of active crimina! matters
6. M�rketin� the DRC's Services to the South End Communitv
To increase the access to mediation services in the Federaf Way area the Court and the DRC will
impfement the following activities.
• The Court witl install appropriate links to the DRC's web site on the Court's official web site
• The DRC wilt provide information about its setvices to the Court for distribution
• The Court will distribute DRC information to a variety of locations in Federa! Way such as:
Neighborhood Service Centers, Libraries, and re(evant city departments.
• The DRC will conduct an informational presentation 2 times a year for city employees
5. Confidentialifir
The success of the mediation process is dependent on the party's abiliiy to be honest and candid
in the media#ion process. The state fegislature protects the confidentialify of the mediation process
through RCW 7.75 and the Uniform Mediation Act of 2006 (RCW 7.07.090-.904} which states thaf
atl work products, work notes, conversations, settlement offers, etc from the DRC are privileged
and confidential and not admissible in any future legal or administrative proceedings. However,
written agreements reached during the process are admissible in such proceedings.
6. Scope of Services -
The DRC wil! provide conflict resolution and mediation services to fhe citizens of Feclera{ Way and
south King County at the request of the Court.
Th� DRC will provide the following services:
• tnformation and referral services, telephone canciliation and generaf inediation services
• Prafessionally trained and qualfied mediators
• Maintain all recordkeeping for cases mediated at the Federal Way tocation
• Mai�tain all contracts and licenses as needed
• The collection of all service fees .
• Abide by the Washington State Uniform Mediation Act (RCW 7.071010-7.07.904)
• Abide by the American Bar Association's Model Standards of Conduct for Mediators.
The Federai Way Municipal Court will provide the fotlowing support:
• Access to a computer workstation, printer, and internet access for mediators.
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. Acc�ss to empty court roams andior conference rooms for mediations and caucuses during
meriiations_ �
• Access to kitchen facilities to provide beverages for the mediation
• Secuced space ta instatt a 2-drawer tocking frte cabinet
� Acc:ess to a phatocop�r and fax machine_ �
• An intemal office maiEbox Court wilt deposit rnail in the box, but DRC shal! process its own
incoming mait. �
• Security s�reening during courts hou►s {8:00 a.m. to noon and 4:U0 p.m. to 4:3Q p.m.)
7. Liabili lndemniRcation and Hold fiarmless
DRC and the Caurt have no principat agent relationship and each is indepenctent of ti� other.
!�le�ther erttity contcols the otiier. Each entity is responsible for the acts and omissions of its
respective agents and employees. DRC agrees to defend, indemr�ify and hotd the Cour� and
the City of Federal Way harmiess for any cfaims, demands, and actinns arising out of the
deiivery ot dispute �eso}ution services provid�d by DRC. DRC agre.�s to acld arid mairtitain the
City of Federal Way as an additiona! insured on ifis Itability insurance poticies.
Dated this � day of �1� 2009
DRC Corrtactlnfocmateon Citx,of Federal Wav Contact Information
Judge Michae! Margan
Presidirtg Judge
_ .�53-835-3000
michael,moraan� �v�Federalway.c�m
f /�, � ��,��.�"�-��_-�.-
nrr chae otgan
Presiding Judge
Federal Way Municipat Court
Judge David t.arson
AssistaM. Presiding Judge
Judge David Ca�'rs3��
Assistant Presiding .ludge
Federal Way Municipal Court
Patti Dudtey
Exec�.ttive Director
206-443-96fl3 X 110