PRINTER'S NO. 1644
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1132
Session of
2018
INTRODUCED BY GREENLEAF, LEACH AND SCHWANK, APRIL 13, 2018
REFERRED TO JUDICIARY, APRIL 13, 2018
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in other officers, establishing the
Pennsylvania Alternative Dispute Resolution Commission,
providing for its powers and duties and establishing the
Alternative Dispute Resolution Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 75
PENNSYLVANIA ALTERNATIVE DISPUTE RESOLUTION
COMMISSION
Sec.
7501. Scope of chapter.
7502. Definitions.
7503. Establishment of commission.
7504. Purposes of commission.
7505. Board of directors.
7506. Administrative matters.
7507. Powers and duties of commission.
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7508. Reports.
7509. Alternative Dispute Resolution Fund.
§ 7501. Scope of chapter.
This chapter relates to the Pennsylvania Alternative Dispute
Resolution Commission.
§ 7502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Alternative dispute resolution." A process that:
(1) assists persons in a dispute to resolve or manage
their differences without resorting to criminal prosecution,
civil unrest, economic disruption or violence; or
(2) is intended to prevent or mitigate a dispute.
The term does not include litigation.
"Alternative dispute resolution program." A program or
service that provides or encourages alternative dispute
resolution, regardless of the nature of the entity that provides
the program or service. The term includes the following:
(1) Arbitration.
(2) Collaborative practice.
(3) Conciliation.
(4) Conflict coaching.
(5) Consensus building.
(6) Early neutral evaluation.
(7) Facilitation.
(8) Fact-finding.
(9) Mediation.
(10) Minitrial.
(11) Ombuds.
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(12) Online dispute resolution.
(13) Restorative justice.
(14) Structured dialogue.
"Board of directors" or "board." The board of directors
specified under section 7505 (relating to board of directors).
"Commission." The Pennsylvania Alternative Dispute
Resolution Commission established under this chapter.
"Litigation." The term refers to litigation before
administrative agencies as well as courts.
§ 7503. Establishment of commission.
The Pennsylvania Alternative Dispute Resolution Commission is
established as an independent agency of this Commonwealth.
§ 7504. Purposes of commission.
The purposes of the commission are to:
(1) Encourage and facilitate the development, use,
coordination, support and evaluation in this Commonwealth of
affordable and high-quality alternative dispute resolution
programs and services in this Commonwealth.
(2) Recommend improvements in alternative dispute
resolution programs and services.
§ 7505. Board of directors.
(a) Powers and duties.--The board of directors shall manage
the commission and its staff in the exercise of the powers and
duties of the commission under section 7507 (relating to powers
and duties of commission) for the purposes specified in section
7504 (relating to purposes of commission).
(b) Membership.--The board of directors shall consist of the
following members:
(1) The Chief Justice of the Supreme Court.
(2) Seven members appointed by the Chief Justice of the
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Supreme Court as follows:
(i) One member of the Pennsylvania Bar Association,
preferably a member of the Alternative Dispute Resolution
Committee or a practitioner of alternative dispute
resolution.
(ii) One member of the Pennsylvania Council of
Mediators.
(iii) One member who is a current or former dean or
president of a Pennsylvania law school or a designated
professor who teaches alternative dispute resolution.
(iv) One member who is a sitting judge of the
Superior Court or the Commonwealth Court.
(v) One member who is a sitting judge of a court of
common pleas.
(vi) One member who is a magisterial district judge.
(vii) One member from the general public.
(3) Five members appointed by the Governor as follows:
(i) One member who is a sitting member of the
governing body of a county of the first class.
(ii) One member who is a sitting member of the
governing body of a county of the second class.
(iii) Three members from the general public, at
least one of whom is knowledgeable about community
mediation.
(4) Four members who are sitting members of the General
Assembly, appointed as follows:
(i) One member of the Senate appointed by the
President pro tempore of the Senate.
(ii) One member of the Senate appointed by the
Minority Leader of the Senate.
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(iii) One member of the House of Representatives
appointed by the Speaker of the House of Representatives.
(iv) One member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives.
(c) Terms of members.--
(1) Each member under subsection (b)(2) and (4) shall
serve a three-year term.
(2) Each member under subsection (b)(3) shall serve a
two-year term.
(3) A member of the commission may be reappointed for
one term.
(d) Successor member.--A member of the commission shall
remain in office until a successor is appointed and qualified
under subsection (b).
(e) Vacancies.--Notwithstanding subsection (c), if a vacancy
occurs in the membership of the commission, through the death,
resignation or termination while in the office from which
appointed or disqualification of a member, a new member may be
appointed by the appointing authority of the vacated member to
serve the remainder of the unexpired term. The new member shall
be appointed and qualified in conformity with subsection (b).
(f) Diversity.--Appointing authorities shall select members
to the commission in such a manner as to ensure diversity of
race, ethnic origin, age, gender, occupation and geographic
residence.
§ 7506. Administrative matters.
(a) Officers of board.--The board of directors shall select
a chairperson from its members and other necessary officers
during its first meeting in each calendar year.
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(b) Quorum.--Seven members of the board shall constitute a
quorum.
(c) Staff.--The commission shall employ an executive
director and an associate director selected by the board and may
employ other professional, technical and clerical staff under
the supervision of the board.
(d) Expenses.--The members of the board shall serve without
compensation, but shall be reimbursed for actual and necessary
expenses incurred in the performance of their duties under this
chapter.
§ 7507. Powers and duties of commission.
The commission has the following powers and duties:
(1) To assist in the development, use, coordination,
support and evaluation of alternative dispute resolution
programs in governmental, educational, business, community or
other settings and in judicial settings in concert with the
Unified Judicial System.
(2) To support the advancement of alternative dispute
resolution methods.
(3) To advise representatives of judicial and education
systems, business and governmental entities and communities
regarding alternative dispute resolution procedures and
practices.
(4) To collect and disseminate information and make
referrals for alternative dispute resolution programs and
related education, training and research.
(5) To collect and disseminate data helpful to the
purposes of the commission.
(6) To identify and encourage the use of best practices
in alternative dispute resolution.
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(7) To educate the public regarding alternative dispute
resolution programs and methods.
(8) To facilitate access to alternative dispute
resolution programs and services.
(9) To facilitate the establishment of programs that
provide education or training in alternative dispute
resolution.
(10) To develop an annual operating budget, which shall
be approved by the board before the start of the fiscal year
of the Commonwealth.
(11) To hire and determine the salary of commission
staff, which shall serve at the pleasure of the board.
(12) To establish and maintain a central office and
other offices as necessary.
(13) To seek, solicit and apply for grants from public
or private sources to provide for the operation of
alternative dispute resolution programs in this Commonwealth.
(14) To accept the services of volunteers who agree to
assist the commission without compensation. The volunteers
may be reimbursed for expenses incurred for the purposes of
this chapter.
(15) To enter into contracts for goods or services, or
authorize the executive director to enter into contracts as
necessary to implement this chapter.
(16) To prepare reports, including reports required
under section 7508 (relating to reports), as necessary.
(17) To promulgate regulations and issue rules as
necessary for the administration of this chapter.
(18) To set priorities for the implementation of this
section in accordance with available resources and the
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purposes of the commission under section 7504 (relating to
purposes of commission).
§ 7508. Reports.
(a) Annual reports.--The commission shall submit an annual
report to the Governor, the General Assembly and the
Pennsylvania Supreme Court regarding the operations of the
commission during the preceding fiscal year.
(b) Biennial reviews.--The commission shall conduct a review
every two years of the use, effectiveness, fairness, cost and
quality of alternative dispute resolution programs and services
in this Commonwealth. The review may be included in the annual
report.
§ 7509. Alternative Dispute Resolution Fund.
(a) Establishment.--The Alternative Dispute Resolution Fund
is established in the State Treasury to receive and disburse
money to implement this chapter.
(b) Source of funding.--The General Assembly may appropriate
or transfer funds necessary to implement this chapter to the
Alternative Dispute Resolution Fund.
Section 2. This act shall take effect in 60 days.
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