PRINTER'S NO. 1112
No. 160 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, LEMMOND, ORIE, EARLL, RAFFERTY,
O'PAKE, FERLO, ERICKSON, ARMSTRONG, WONDERLING, WASHINGTON
AND BOSCOLA, SEPTEMBER 19, 2005
REFERRED TO JUDICIARY, SEPTEMBER 19, 2005
A CONCURRENT RESOLUTION
1 Directing the Joint State Government Commission to establish a
2 bipartisan task force with an advisory committee to conduct a
3 comprehensive review of the current status of alternative
4 dispute resolution (ADR) services within the panoply of
5 methods of conflict resolution available in this
6 Commonwealth, to identify relevant best practices in the
7 delivery of ADR services locally and nationally and how to
8 improve conflict resolution in this Commonwealth by
9 incorporating these best practices, to develop a plan for
10 educating the citizens of this Commonwealth about conflict
11 resolution in general and the use of ADR services in
12 particular, as well as ensuring access to all needed ADR
13 services, utilizing best practices and to propose legislation
14 as may be required to implement the proposed plan and advance
15 the use of innovative conflict resolution methods Statewide
16 in the civil courts and in schools, businesses, government,
17 criminal and juvenile justice systems and other community
18 settings.
19 WHEREAS, Interpersonal and intergroup conflicts occur in
20 every segment and age group of the population and in every type
21 of organization in this Commonwealth; and
22 WHEREAS, If not expeditiously resolved through the use of
23 traditional processes such as negotiation and litigation, these
24 conflicts frequently result in substantial monetary and
25 productivity losses as well as emotional distress and even
1 violence; and
2 WHEREAS, While recognizing that litigation and direct
3 negotiations will always be available as viable methods of
4 conflict resolution, there are many other ways that individuals
5 and groups can resolve conflicts in timely, productive and
6 empowering ways utilizing trained, impartial third parties,
7 including through ADR services such as mediation, facilitation,
8 structured dialogue, consensus building, neutral case
9 evaluation, arbitration and minitrials; and
10 WHEREAS, With increased knowledge and ability to employ a
11 range of ADR services, the citizens of this Commonwealth may
12 experience a more peaceful and civil society, resolution of
13 interpersonal and intergroup conflicts lawfully and peacefully
14 with greater control over outcome, increased public access to
15 justice, a more efficient and user-friendly legal system that
16 reduces burdens on the courts and substantial reduction in the
17 human and financial costs of interpersonal and intergroup
18 conflict, including interference with productivity; and
19 WHEREAS, Educating the citizens of this Commonwealth about
20 how and when to use ADR services and ensuring access to ADR
21 services requires cooperation and collaboration among State,
22 county and municipal governmental bodies, the judiciary and the
23 private sector, including for-profit and nonprofit entities, and
24 requires legislation to support and advance the use of
25 innovative conflict resolution methods Statewide, not only in
26 the civil courts but also in schools, businesses, government,
27 criminal and juvenile justice systems and other community
28 settings; therefore be it
29 RESOLVED (the House of Representatives concurring), That the
30 General Assembly direct the Joint State Government Commission to
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1 establish a task force of members of the Senate and members of
2 the House of Representatives to:
3 (1) Conduct a comprehensive review of the current status
4 of ADR services within the panoply of methods of conflict
5 resolution available in this Commonwealth.
6 (2) Identify relevant best practices in the delivery of
7 ADR services locally and nationally and how to improve
8 conflict resolution in this Commonwealth by incorporating
9 these best practices.
10 (3) Develop a plan for educating the citizens of this
11 Commonwealth about conflict resolution in general and ADR
12 services in particular and ensure access to needed ADR
13 services utilizing best practices.
14 (4) Propose legislation as may be required to implement
15 the proposed plan and advance the use of innovative conflict
16 resolution methods Statewide, not only in the civil courts
17 but also in schools, businesses, government, criminal and
18 juvenile justice systems and other community settings;
19 and be it further
20 RESOLVED, That the President pro tempore of the Senate and
21 the Speaker of the House of Representatives each appoint two
22 members of the task force and the Minority Leader of the Senate
23 and the Minority Leader of the House of Representatives each
24 appoint two members of the task force; and be it further
25 RESOLVED, That the task force be authorized to create an
26 advisory committee to assist it, to include representatives of
27 the principal types of groups likely to contribute useful
28 information and make recommendations, such as government
29 officials, judges, lawyers, businesspeople, academics, health
30 and human services professionals, typical users of ADR services
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1 and providers of all types of ADR services from public, private
2 and nonprofit sectors; and be it further
3 RESOLVED, That the task force report its findings and
4 recommendations to the General Assembly as soon as possible.
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