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 20050S0160R1112 - 2 -
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 20050S0160R1112 - 3 -
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. H4L82JS/20050S0160R1112 - 4 -