DALLAS COUNTY DISTRICT COURT ADMINISTRATION

Transcription

1 DALLAS COUNTY DISTRICT COURT ADMINISTRATION April 14, 2009 BRIEFING MEMORANDUM TO: FROM: Honorable Commissioners Court Duane Allen Gallup ADR Coordinator SUBJECT: ADR Program & Dispute Mediation Services BACKGROUND DMS primary function for the County is to provide low cost mediation services in an effort to reduce the case load of the County s court system. In August, the ADR Coordinator surveyed the courts and they wanted to post a bid for the ADR contract. In addition, many expressed an interest in evaluating the feasibility of an in-house ADR program working in conjunction with external vendors (mediators). The Civil and Family District Courts have now decided to proceed with the in-house proposal. The County Courts at Law are still reviewing this matter. In reviewing the effectiveness of the current contract disturbing trends have been observed. Dallas County Courts have consistently sent DMS more cases, yet DMS has mediated less, as evidenced in the Graph on Appendix A. DMS promised more mediations and better rates last August, however, mediations dropped significantly after the reorganization and have only recently began an upward trend. DMS is reporting a FY09 success rate of 67.85% which is showing improvement. However, the average number of mediations during the same time frame is 52 per month, falling short of the expected 100 mediations that the contract calls for. OPERATIONAL IMPACT There is a substantial need for affordable mediation service within the County. The Judges have overwhelmingly stated that there must be an ADR Service. Since DMS is failing to meet contractual guidelines, then Dallas County must come up with an alternative ADR program. FINANCIAL IMPACT/CONSIDERATIONS This proposal will save Dallas County s ADR fund over $12,000 each month for the same performance currently generated with DMS. In addition, approximately $4,375 monthly will 1

2 transfer from the ADR Fund to the General Fund for rental of the Mediation Center. (See Appendix C for supporting information) The County will need to provide a location for the new Center where mediations can be heard. There is open space in the George Allen Basement, and at least one vacant courtroom on Floors 3 through 7, whereby the center could be located. These up-front funds are available from the ADR fund and will quickly be recovered by the monthly savings of the new program. All above cost savings were based on DMS s FY09 $390,000 budget. DMS s FY2010 budget is proposed to be increased to $475,000. RECOMMENDATION Based on declining mediations and DMS not meeting its contractual obligations, by consistently falling short, of the 100 mediations per month quota, along with their proposed 2010 budget, it is the opinion of the ADR Office that the DMS contract should not be renewed for FY2010. The ADR Office recommends that Dallas County work directly with mediators that submit a catalog bid. The list of approved vendors (mediators) would make up two pin-wheels, one Civil, and the other Family. Cases would be assigned by the ADR based on a pinwheel model. Once the case is assigned to the mediator, he/she becomes responsible for setting the mediation. The Mediator would be paid $200 per ½ day mediation by the County. In addition, the mediator could charge $100/ per party as a scheduling fee, which is what DMS currently does. With this proposal a greater number of mediations should take place with the Mediation Center located in the George Allen basement. This will enable the courts to send Level 1 cases to the Center straight from the bench when all parties are present. It is anticipated that the Mediation Center will need 6 mediation rooms, a couple of offices and a waiting room for an approximate total of 1500 sq. feet One or two additional staff members will be needed and there will be a need for some basic office furniture and equipment. The cost for the finish out of the basement will be paid for from the ADR fund, and funds are available. This would benefit: Courts, by having only professional mediators mediating their Level 1 cases. The local mediator community, due to the ADR funds being dispersed throughout the community in a fair and competitive manor. The citizens of Dallas County, by getting high quality mediation for Level 1 cases at an affordable price in a convenient location. This recommendation is consistent with Dallas County s Strategic Plan by helping make Dallas County a destination of choice for residents and businesses alike. RECOMMENDED BY Duane Allen Gallup ADR Coordinator 2

3 Appendix A Cases Received by DMS vs. Cases Mediated Cases Received annual avg of received cases Mediated Oct-06 Dec-06 Feb-07 Apr-07 Jun-07 Aug-07 Oct-07 Dec-07 Feb-08 Apr-08 Jun-08 Aug-08 Oct-08 Dec-08 Average number of cases sent to DMS from Dallas courts has consistently grown from 187 in September 2007, to 204 in July 2008, to 208 in January 2009 Mediated cases were 64 in September 2007 and grew to an average of 70 in July 2008, only to fall back to 64 in January 2009 Mediations ending in a settlement have dropped from a high of 57.9% in September 2007, to 52.7% in September 2008 and have rebounded to 56.9% by January

4 1-Sep-07 1-Nov-07 1-Jan-08 1-Mar-08 1-May-08 1-Jul-08 1-Sep-08 1-Nov-08 $$$ Appendix B $520 $500 $480 Annual Avg cost per mediation County s annual average cost per mediation was: $465 in September 2007 $427 in July 2008 $502 in January 2009 $460 $440 $420 $400 Month Ending 4

5 Dollars spent per month Dollars spent per month Appendix C Per quote s I ve received on Downtown rental rates, the Average rental rate is $20.00 per foot, with the highest rent I ve found at $35.00 per foot. Therefore I ve used the $35.00 figure for demonstrational purposes. Square Feet needed Price per ft. Total Annual rent 1500 $ $ 52, Total Fixed cost Facilities Cost add employee Misc. Exp Monthly $4,375 $3,750 $400 $8,525 Annually $ 52, $45,000 $4,800 $102,300 Monthly # of mediations monthly Proposed Cost VS. DMS 2009 Cost 10 $10,525 $ 32, $12,525 $ 32, $14,525 $ 32, $16,525 $ 32, $18,525 $ 32, $20,525 $ 32, $22,525 $ 32, $24,525 $ 32, $26,525 $ 32, $28,525 $ 32,499 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 Proposed ADR vs. DMS # of mediations per month DMS Cost Proposed Cost What if scenario: If rental space were $70 per sq. ft. Proposed ADR vs. DMS $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $ # of mediations per month DMS Cost Proposed Cost 5