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To learn more about how this great program can benefit your firm, visit LawyersMutual.com

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today.

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Welcome to the audio edition of BHBA's Mediation Training.

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In this episode, your host, Shannon Lamb of Shannon C. Lamb, APC, will guide you through

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mediation administration. Let's dive in.

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Welcome to the Mediation Administration Course, a crucial component for professionals seeking

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compliance with the Dispute Resolution Programs Act, DRPA, and Los Angeles Superior Court

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requirements.

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This comprehensive course will equip you with the essential administrative and organizational

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skills needed to excel in the administration of dispute resolution services.

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Throughout this program, we'll delve into the intricacies of the DRPA, hone your intake

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and administrative abilities, and explore the nuances of program management.

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Prepare to enhance your expertise in handling paperwork, tracking cases, and mastering

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the art of effective communication in the realm of dispute resolution.

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Signed into law in 1986, DRPA allows counties to fund alternative dispute resolution services

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that provide forums for resolving matters outside of formal work proceedings.

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It is codified in Business and Professions Code, sections 465 through 471.5, and they

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explicitly recognize that disputes can be unnecessarily costly, time-consuming, and complex when

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achieved in the courtroom, where the parties are adversaries and are subjected to formalized

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procedures.

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The DRPA aims to promote and support the use of alternative dispute resolution methods

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in California, providing a framework for establishing and maintaining effective dispute resolution

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programs outside of the formal work process.

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The goal of the Act is the creation of a statewide system of locally funded programs

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which will provide dispute resolution services to county residents.

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The public policy espoused by DRPA is that courts, prosecuting authorities, law enforcement

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agencies, and administrative agencies should encourage greater use of ADR techniques whenever

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the administration of justice will be improved.

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It also sets forth that counties should consider increasing use of ADR while plans for much

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needed court reforms are developed and implemented.

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The key requirements of DRPA are as follows.

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It mandates specific standards for program administration, including qualifications for

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mediators, confidentiality provisions, and reporting obligations to ensure quality and

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consistency across dispute resolution services.

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Ruth, the DRPA, the Superior Court of the County of Los Angeles, works with county funded

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agencies including the Los Angeles County Department of Consumer and Business Affairs

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and the Center for Conflict Resolution.

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To provide voluntary day of hearing mediation services for small claims, a lawful detainer,

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limited civil and civil harassment matters, DCBA and CCR staff and trained volunteers

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serve as mediators primarily for self-represented litigants.

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There is no charge.

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DRPA offers free mediation services, both community and court connected, to the residents and businesses

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of LA County.

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Dispute resolution services refers to a variety of dispute resolution processes and techniques,

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both proven and experimental, which are designed to assist parties in resolving disputes without

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the necessity of formal judicial proceedings.

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Those include conciliation, which means a process of independent communications between

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the disputants and a neutral person.

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Mediation, which is a process in which a neutral person facilitates communication between

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the disputants to assist them in reaching a reconciliation settlement or other understanding.

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Arbitration, which means a voluntary adjudicative process in which a neutral person conducts

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a hearing, receives spoken and or written evidence from the disputants and their witnesses

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and renders a decision that may be binding or non-binding, depending on the consent of

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the disputants.

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The agencies may also take place in the provision of collateral services, which includes the

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screening and intake of disputants, preparing for and conducting dispute resolution proceedings,

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drafting agreements and or awards, providing information and or referral services, and

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conducting follow-up surveys.

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Some of the areas in which these services are rendered include for neighbor disputes,

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such as parking noise, property disputes, children, pets, property boundaries, etc.

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for tenant disputes, including rent increases, repairs, security deposits, HOA disagreements,

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etc.

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Consumer disputes, such as issues with goods or services for funds and returns, contract

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disputes and billing.

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Sometimes for family disputes, including disputes with current and or former household members,

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sibling rivalry, business issues and other disagreements about living arrangements, finance,

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and debt.

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Sometimes the process is used for business disputes, which include contractual disagreements,

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partnership disputes, and breaches of contract.

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Sometimes for healthcare disputes, such as billing and debt collection, and other times

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for justice-involved disputes, including issues involving law enforcement or judicial officers,

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and interested professionals or community members.

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The features of these programs include that they're confidential, neutral, and voluntary.

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So confidentiality enables the parties to share information without worrying about it

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getting out.

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It's also accessible and friendly because it happens to be free or no charge at a sliding

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scale.

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It also helps to preserve relationships.

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Litigation is adversarial and can damage relationships, and dispute resolution focuses

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on collaboration, which is particularly beneficial for the disputes that we just discussed.

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These programs also have high satisfaction rates.

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The collaborative nature of mediation and the control it provides participants over

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the outcome contribute to a sense of fairness.

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This can lead to better compliance with agreements and further fewer recurring disputes.

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It is also more diverse and reflective of the community and especially helpful in kinds

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of disputes where the parties have a continuing relationship.

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Every applicant for DRPA funding must certify that its status is one of the following.

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A distinct definitive unit of a governmental entity with a separate and identifiable annual

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budget, a non-partisan nonprofit corporation, or a distinct definitive component or product

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project of a nonpartisan nonprofit corporation with a separate and identifiable annual budget.

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For those non-profit and non-partisan organizations, they must also demonstrate that they are exempt

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from federal taxation under IRS Code 501-C3 or that their application is pending.

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In addition to these requirements, all applicants shall provide the following as part of their

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application for funding.

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And these requirements include a description of the applicant's organizational structure,

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including that of any sponsoring or parent organizations, a description of the proposed

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geographic area of service, the service population, and the number of persons the applicant will

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have the capacity to serve on an annual basis, a description of the types of disputes to

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be handled, the types of dispute resolution services to be offered, and any restrictions

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to be imposed by the program.

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The description of any fee schedules to be used, a list of civic groups, social services

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agencies, governmental entities, and justice system agencies available to accept and make

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referrals to the applicant, a description of the applicant's plans for publicizing

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its services to potential referral agencies, courts, and justice system agencies and the

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public.

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A description of the applicant's plans for publicizing its services to potential referral

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agencies, courts, and justice system agencies and the public.

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And a statement that in hiring staff, recruiting volunteers, or rendering services, the applicant

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will not discriminate with regard to race, frugality discreet, color, national origin,

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ancestry, physical handicap, mental condition, marital status, sex, sexual orientation,

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or age.

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Applicant agencies must also satisfy the following requirements.

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There is a section of rules and regulations that have been promulgated by DRPA, and the

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applicants must all comply with those provisions, which we will be discussing in greater detail.

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Applicants and participating agencies must also provide people adequately trained in

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the conflict resolution techniques promulgated by the advisor or council.

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They must provide programs on a sliding scale and without cost to indigent individuals.

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They must provide neutral procedures without benefit or consideration given to those that

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fund the programs.

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They must employ procedures that emphasize that participation is voluntary and that the

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parties are not coerced into entering the ADR process.

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And they must also employ procedures that highlight that alternative dispute resolution

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is the focus of the program.

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Recipients shall, whenever reasonably possible, make use of public facilities, but free for

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nominal costs.

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So how does DRPA fund this?

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The Act outlines funding sources and allocation procedures for dispute resolution programs,

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ensuring sustainable operation and accessibility of services to the public, which means that

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$1 to $8 of most filing fees are used to fund these programs.

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DRPA additionally establishes mechanisms for monitoring program compliance and performance,

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including regular audits and reporting requirements to maintain high standards of service delivery.

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There are a number of annual reporting requirements under the DRPA, which includes statistical data

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regarding the operating budget, the number of referrals, categories or types of cases

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referred to the program, the number of persons served by the program, the number of disputes

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resolved, the nature of the disputes resolved, rates of compliance, the number of persons

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utilizing the process more than once, the duration of an estimated cost of the hearings

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conducted by the programs, and any other information that the county may require.

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Keeping in mind these annual reporting requirements will help you develop your administrative and

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intake skills.

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The DRPA requires that each grantee shall submit a yearly report prepared by an independent

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accountant that describes and assesses the grantee's fiscal practices and status.

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It must be delivered to the Board of Supervisors and to the Department of Consumer Affairs

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no later than 90 days from the close of the grant period.

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And then annually, or within 90 days of the close of each grant period, grantees shall

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submit to the Board of Supervisors or its designee and to the Department of Consumer

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Affairs a final reconciliation of actual revenues and expenses compared to the estimated budget

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for the grant period.

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These reports need to include the amount of revenues collected from Superior, Municipal,

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and Justice Court filing fees during the year, the amount of revenues deposited in,

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and interest accrued on the dispute resolution program account during the year, and accounting

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of all of the disbursements, any problems encountered in implementing the Act, any evaluations

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or review processes instituted to monitor the services, any evidence of misuse or misappropriation

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of revenues, and any rules or procedures in addition to the Act that have been invoked

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by the Board of Supervisors upon its applicant for funding or grantees.

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And again, this includes statistical data, number of referrals, number of persons served

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by the program, etc.

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So keeping this in mind, you will want to turn to the initial contact, something you

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are taking in this information.

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So people in the middle of a dispute are rarely happy, they're scared and not always able

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to think clearly.

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So mastering the art of first impressions and information gathering is key.

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Learn to effectively greet clients, explain the mediation process, and collect essential

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details for case initiation.

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Make sure that your communication is friendly, instructive, and frequent enough to make the

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client feel more comfortable.

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Share an intake form calculated to collect the important information required by the

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State of California and the County of Los Angeles and provide the ability for the client

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or attorney to easily upload documents.

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Try to make this process as easy as possible for participants.

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As with all legal processes, identifying and disclosing potential conflicts of interest

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at the earliest outset is paramount.

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Developing skills for assessing ADR suitability is crucial, and although the parties may have

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been ordered to mediation, it may be that key discovery is pending and that the litigation

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process needs to move forward, even if only briefly.

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If insurance is involved, there needs to be enough lead time for reporting and ensuring

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that the decision makers are available.

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There are a variety of reasons why a case might not yet be ready.

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Orcing it before its time might cause the parties to become even more entrenched in their respective

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positions.

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Once the ADR process has commenced, the next stage is to determine the appropriate ADR

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vehicle for that particular matter.

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One of the most important ways to make clients feel at ease is in the scheduling and coordination

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of whatever steps are decided.

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Gain proficiency in managing calendars, coordinating with meteors and parties, and ensuring smooth

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logistics for mediation sessions.

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The DRPA requires the following disclosures to be given by the agency to parties and their

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attorneys.

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This disclosure includes the nature of the dispute, the nature of the dispute resolution

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process, the rights and obligations of the parties, including but not limited to the

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right to call and examine witnesses, the right of the parties to be accompanied by counsel,

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who may participate as permitted under the rules and procedures of the program, the procedures

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under which the dispute resolution will be conducted, and if parties enter into arbitration,

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whether the dispute resolution process will be binding.

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Once the disclosures have been made, consideration should be given when making an assignment to

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a particular settlement officer, including mediator expertise, conflict checks, and workload

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balance.

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Provide a friendly and informative face to represent the process.

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This might be one of the only interactions a person will have in connection with our

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system of justice.

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Keep in mind, these are real people with real problems.

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Emphasize a humane coach.

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Learn best practices for post-session follow-ups, including gathering feedback, processing agreements,

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and managing any necessary referrals or additional sessions.

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Mastering paperwork and case tracking.

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Keeping in mind the annual reporting categories, and the overall requirements of case administration,

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we will now turn to case file management.

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Management systems for organizing and maintaining case files, both physical and digital, are

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key.

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Learn best practices for file structure, document retention, and secure storage to ensure the

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easy retrieval and confidentiality of information.

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Consider sound storage and develop privacy practices.

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Consider familiarize yourself with essential forms, including intake questionnaires, agreements

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to mediate, and settlement documentation.

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Understand the purpose and proper completion of each form to ensure accuracy and compliance.

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Being standardized forms utilized by trained staff with clear expectations is paramount.

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Make sure employees are appropriately trained to make sure that each of the forms is being

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filled out appropriately and the information is being properly collected.

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Using proficiency and utilizing case management software to track case projects, to track case

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progress, set reminders, and generate reports.

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Learn how to input data effectively and leverage system features for optimal case oversight.

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Effective communication in dispute resolution is very important given that this is likely

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the only interaction that these disputants have with our court system.

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Mastering the art of clear, empathetic, and professional communication with the parties

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involved in disputes heightens the ability and effectiveness of these programs.

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Learn to craft emails, letters, and other correspondence that inform, reassure, and guide

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disputes through the mediation process.

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Focus on efficiency and accuracy as well as client comfort.

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More communication is usually better than sss.

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Again, keeping in mind that the people you are coming into contact with are often frightened

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and concerned about what will take place.

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This is your opportunity to reassure them and to provide a roadmap for where they are

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going.

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There should be an emphasis on confidentiality.

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Enter into agreements about the confidentiality of the proceeding and the inability to use

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negotiations as evidence.

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Using that disclosure from before, making sure that confidentiality of personal and private

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information of participants is highlighted.

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Using proficiency in utilizing case management software to crack case projects, learn how

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to input data effectively and leverage system features for optimal case oversight.

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The DRPA requires that all records and files maintained pursuant to the code need to be

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retained for a minimum of four years after the expiration of the grant period.

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And personnel time sheets for volunteers and employees shall be maintained for a period

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of two years.

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And all other statistical data shall be retained for a period of three years.

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All records described in this section shall be made available to the Board of Supervisors

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or the Department of Consumer Affairs upon request.

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And each grantee shall maintain written job descriptions and job qualifications for all

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staff and volunteer classifications, as well as maintaining a current organizational chart

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that reflects its organizational structure.

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In drafting agreements and awards, it is important to keep in mind the provisions of DRPA that

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require that oral or written agreements reached between disputants as a result of the dispute

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resolution services are presumed not enforceable or admissible as evidence in judicial or administrative

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proceedings.

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The disputants, however, may elect to make their agreements enforceable at law or admissible

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as evidence at judicial or administrative proceedings.

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This election may be made at any time, but it must be in writing and signed by all of

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the parties, as well as contain a statement that clearly expresses that each disputant

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intends that the agreement will be enforceable in any judicial or administrative proceeding.

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So an agreement resolving a dispute entered into with the assistance of a mediator through

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this program won't be admissible unless the parties opt into a provision that clearly

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states the intention of the parties that the agreement or any resulting award shall be enforceable

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or admissible as evidence.

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Likewise, the parties may agree in writing to toll the applicable statute of limitations

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while the dispute is being resolved.

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In order to gain confidence in drafting agreements and awards, it is essential to learn to distinguish

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between the different types of agreements, including agreements to mediate, interim agreements,

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and final settlement agreements.

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Understand the key components and the legal implications of each.

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Develop skills in writing clear, concise, and unambiguous agreement language.

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Learn techniques for avoiding common pitfalls and ensuring that agreements accurately reflect

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the parties' intentions.

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Gain knowledge of essential legal clauses and requirements for enforceable agreements,

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such as the disclosure and the opt-in provision that we just discussed.

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This should be done while maintaining neutrality and party autonomy.

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Master the process of reviewing, revising, and finalizing agreements.

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Learn proper procedures for obtaining signatures, distributing copies, and ensuring all legal

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and ethical standards are met.

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A key component of making sure that the intake procedures are appropriate and compliant with

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DRPA include having standardized forms, crane staff, and clear explanations.

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Key considerations include efficiency, accuracy, and client comfort.

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For case assignment, having a skill matching system and regular mediator evaluations helps

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to reach the goal of mediator expertise, those ever-important conflict checks, and workload

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balance.

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Likewise, automated reminders, satisfaction surveys, case closure checklists help with

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timely communication, outcome tracking, and client satisfaction.

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On that note, the DRPA requires that yearly or on a more frequent basis that the program

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participants shall conduct follow-up surveys of disputants that have used their services.

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Those surveys require the evaluation of the dispute resolution services provided, the

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fairness or adequacy of the settlement agreement or award, any particular difficulties experienced

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by the parties in carrying out and obtaining compliance with the settlement agreement or

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award, the disputant's willingness to use the services in the future, and their willingness

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to recommend the services to others who are involved in disputes.

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And these survey results are to be included within the yearly statistical report that

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we have discussed.

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Copy shall also be forwarded to the Department of Consumer Affairs at the same time.

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Having a secure database, conducting regular audits, and having adherence to a retention

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policy will help meet the aims of confidentiality, accessibility, and compliance in record keeping.

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Compliance with DRPA requires implementing best practices.

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And quality assurance is key, making sure to institute rigorous quality control measures

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to ensure consistent, high-quality dispute resolution services.

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This requires regularly reviewing processes, gathering feedback, and making data-driven

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improvements to enhance program effectiveness.

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Stable standards are also paramount, and DRPA requires maintaining an unwavering commitment

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to ethical practices in all aspects of program administration.

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Developing and enforcing a comprehensive code of ethics for staff and mediators, emphasizing

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confidentiality and impartiality, as well as professionalism, will help meet that goal.

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Fostering a culture of ongoing learning and development will also help you to reach your

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requirements under DRPA.

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Stay abreast of industry trends, participate in professional development opportunities,

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and encourage staff to pursue advanced training and certifications in dispute resolution.

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Developing strong relationships with community partners, legal professionals, and referral

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agencies also will help you reach that goal.

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Develop outreach programs to educate the public about dispute resolution services and their

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benefits to society.

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Develop skills for maintaining positive relationships with referral agencies.

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Learn how to provide updates, seek necessary information, and collaborate effectively to

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ensure smooth case progression and appropriate resource allocation.

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And of course, all of this is made possible by enhancing internal communication.

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Enhance your ability to communicate effectively within your organization.

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Learn best practices for sharing case information, coordinating with mediators, and reporting

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to supervisors to maintain a cohesive and efficient dispute resolution program.

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Participation in these programs is vitally important to our community.

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Gaining insights into representing your dispute resolution program to the public is vital.

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Learn how to handle inquiries, provide general information about services, and maintain confidentiality

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while promoting the benefits of alternative dispute resolution.

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My name is Shannon Lam.

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I've litigated in the state and federal courts of California since 2000 and currently serve

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as a settlement officer for the Los Angeles County Superior Court.

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My passion is helping people avoid the courthouse by thoughtfully crafting tailored agreements

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and contracts.

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I'm especially excited about the opportunity to provide information about best practices

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in dispute resolution administration.

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I can be reached at area code 949-275-2391 or at my email address of Shannon at scleesq.com.

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You may be eligible for CLE credit in your state.

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Visit bhba.org slash podcasts for more information.