Senate Bill 814 (Oregon Laws 2013 Chapter 350) directs the Attorney General to appoint a Mediation Service Provider to operate an environmental claims mediation program. This bill also requires the Attorney General to prescribe by rule the training and qualification requirements for program mediators who participate in this program. The Attorney General is also directed to establish a schedule of fees.
The Department of Justice is seeking public input regarding the implementation of the SB 814 mediation program.
Contact List - If you would like to be added to the SB 814 Environmental Claims Mediation Program contact list, to receive notices of SB 814-related meetings or rulemaking activities, please email Nancy Barrera at Nancy.Barrera@doj.state.or.us
Public Comment – The Department of Justice welcomes comments on the implementation of the SB 814 mediation program and in particular is interested in your views regarding: The qualifications and fees of mediators, the selection of mediators and the role of the mediation service provider. We also welcome suggestions for membership on the program advisory committee. Please submit comments and suggestions to Mike Niemeyer, ADR Coordinator at 1162 Court Street NE, Salem, Oregon 97301 or via email to Mike.Niemeyer@state.or.us. Note that all comments received are public records and that these records are available to the public, may be posted to this website and may be distributed at program-related public meetings.
Rulemaking – The Department of Justice anticipates that it will do a temporary rule adoption of the Division 130 rules, with permanent rule adoption within 180 days of the temporary rules adoption. Comments on the draft rules are welcome and will be most helpful if received prior to the April 28th Advisory Committee meeting. The current draft rules are:
Advisory Committee - An Advisory Committee is being convened to assist the Attorney General with the rulemaking and contractor selection activities needed to implement this program. Meetings of the Environmental Claims Mediation Program Advisory Committee are open to the public. Dates, location and the agenda for these meetings will be posted here and distributed via email to persons on the SB 814 contact list described above. The time available for the public to comment at the Advisory Committee meetings is limited, as noted on the agenda for that meeting. All Advisory Committee meetings will be held in the Kulongoski Room of the Justice Building at 1162 Court Street NE, Salem, OR 97301. A call-in number may be available for the meeting, as noted in the agenda.
- April 28, 2014, from 2:30 to 4pm – Advisory Committee Meeting.
- March 6, 2014, from 2:30 to 4pm – Advisory Committee Meeting.
- January 23, 2014, from 2:30 to 4:00 pm – Advisory Committee Meeting.
- December 2, 2013 – An initial public meeting was held to receive suggestions for advisory committee membership and on implementation of the SB 814 Environmental Claims Mediation Program.
The Department of Justice will not be contracting directly with or creating a roster of mediators for this program. The Department will establish rules related to mediator training and qualifications and will expect its contractor, the mediation service provider, to use only those mediators who meet those qualifications. In addition the Department will be establishing, by rule, the rates for mediation services. We welcome input from mediators on these or any other aspects of the mediation program.
Mediation Service Provider – Selection and Procurement
The SB 814 Environmental Claims Mediation Program will be managed by a Mediation Service Provider appointed by the Department of Justice. On May 19, 2014 the Department of Administrative Services issued RFP DASPS-2204-14 on behalf of the Department of Justice for an “Environmental Claims Mediation Program, Mediation Service Provider.” Kaliska King with the Department of Administrative Services (DAS) was the sole source of contact on that procurement. On June 30th, 2014 DAS completed a review of the proposals and issued a notice of “intent to award” the SB 814 Mediation Service Provider contract to Mediation Case Manager. On August 20th, 2014 the state executed a 5 year contract with Mediation Case Manager. This contract has mediation services beginning on November 19th, 2014.