Ohio Commission on Dispute Resolution
"We Produce Agreement"
Public Disputes Program
Project Announcement
About the Public Disputes Program
Program Requirements
Definitions
Application
Policy makers at many levels of government employ collaborative or consensus-based processes such as mediation and facilitation to prevent, address and resolve a wide range of contentious public policy issues. Public officials have found that using a third party often helps to clarify the issue(s), to identify options, to increase public participation and to prevent disputes from escalating into lengthy and costly litigation. Using collaborative processes can often save valuable time, public funds, and can provide all stakeholders with an opportunity to participate in decision making.
The Public Disputes Program was established to provide impartial third party dispute
resolution assistance to state and local government officials, community leaders and the public to prevent, address and resolve public policy issues. Issues often addressed at the state level include agency rules, regulations, policies and guidelines, while local issues include intergovernmental and multi-jurisdictional land use and service delivery disputes.
Funding for the use of collaborative processes is available to state and local governments through the Public Disputes Program, for appropriate cases (see criteria). Awards can include up to $5,000 to support the design and the delivery of mediation and /or facilitation services. Awardees will receive training in interest-based negotiation and consensus building for all project stakeholders and on-site mediation and/or facilitation assistance. Awards will be made by contract with the sponsoring state government agency or a local government entity.
State Government
State government agencies should make application directly to the Ohio Commission on
Dispute Resolution and Conflict Management or contact the Commission for more information. For more information, click here for an application.
Local Governments
The Public Disputes Program Local Government Initiative is a joint effort of the County Commissioners Association of Ohio, the Ohio Township Association, and the Ohio Municipal League, and is sponsored by the Ohio Commission on Dispute Resolution and Conflict Management, with funds made available by the Hewlett Foundation. The Public Disputes Program was established to provide impartial third party dispute resolution assistance to local government officials to prevent, address and to resolve contentious inter-governmental and public policy disputes. All applications will be reviewed by representatives of the County Commissioners Association of Ohio, The Ohio Township Association, The Ohio Municipal League, and the Ohio Commission on Dispute Resolution and Conflict Management. The Ohio Commission on Dispute Resolution and Conflict Management retains final authority concerning all contracts awarded through the Public Disputes Program.
To download an application, click here.
For more information concerning the program, please reference the attached program criteria and program application or contact Maggie Lewis, Associate Director, Ohio Commission on Dispute Resolution and Conflict Management via e-mail maggie.lewis@cdr.state.oh.us or by calling 614-752-9598.
About the Public Disputes Program and the Ohio Commission on Dispute Resolution
The Public Disputes Program was established to provide impartial third party dispute resolution assistance to elected and appointed government officials, community leaders and the public to prevent, address and resolve public policy issues. Issues often addressed at the local level include land use disputes, inter-governmental and multi-jurisdictional conflicts.
The Ohio Commission on Dispute Resolution and Conflict Management was established by the Legislature in 1989 to provide dispute resolution programs and services to schools, courts and communities and to state and local government. The agency is governed by twelve members appointed by the Governor, the Chief Justice, the Speaker of the House and the President of the Senate. Given its broad mandate and representation, the Ohio Commission on Dispute Resolution and Conflict Management is at the forefront of a national movement to promote the use of dispute resolution education and practice. For more information concerning the Ohio Commission on Dispute Resolution, please reference its Web site, www.disputeresolution.ohio.gov/.
Program Goal
The Ohio Commission on Dispute Resolution seeks to promote the institutionalization of public dispute resolution techniques throughout state and local government. Public officials have found that using a third party often helps to clarify the issue(s), to identify options, to increase public participation and to prevent disputes from escalating into lengthy and costly litigation. Using collaborative processes can also save valuable time, public funds and can provide all stakeholders with an opportunity to participate in decision making.
Program Eligibility/Case Criteria:
- The issue in question is a public dispute (see definition)
- Dispute involves inter-governmental issue(s)
- A project sponsor and stakeholders are identifiable, and are willing to "come to the table"
- Creation of a final product or "deliverable" is defined
- Matching resources available
- Agreement to participate in interim report and a final project evaluation
Award Includes
Funding is available through the Public Disputes Program for appropriate cases. Awards can include up to $5,000 to support the design and the delivery of mediation and /or facilitation services. Awardees will receive training in interest-based negotiation and consensus building for all project stakeholders and onsite mediation and/or facilitation assistance. Awards will be made by contract with the sponsoring governmental entity.
Acceptable Expenses for Award Funds
Award funds may be used to pay for mediation and/or facilitation services only. Matching resources may include contributions such as meeting room space, materials, secretariat or transcription services, postage, refreshments and/or other items as deemed necessary by the sponsor.
Role of the Sponsor
The project sponsor is the entity that convenes all stakeholders in the consensus building process. The sponsor is typically a governmental entity (state agency, county commission, city, township) which will ultimately utilize the recommendations, plan or other final outcome of the consensus building process. The role of the sponsor includes identification of the "stakeholders" or parties to the discussion, the planning and organization of the overall process, to provide (or identify how to provide) resources to support the process. These responsibilities may be completed soley by the sponsor, or may be shared among all stakeholders.
Program Requirements
State Agencies
All parties named in the application process must agree to the following components to be considered for an award from the Public Disputes Program:
One training session in consensus based process;
A commitment to a good faith effort and active participation in the process;
Completion of a process evaluation at the conclusion of the process;
Adoption of an assessment tool provided by the Ohio Commission on Dispute Resolution that may be used by the agency to screen rules, regulations, polices and guidelines to assess the potential for future referrals to mediation and/or facilitation.
Local Governments
All parties named in the application process must agree to the following components to be considered for an award from the Public Disputes Program:
One training session in consensus based process;
A commitment to a good faith effort and active participation in the process;
Completion of a process evaluation at the conclusion of the process.
How and When to Apply
State Agencies
The Commission will accept applications from state agencies on a rolling basis.
Local Governments
The application deadline for the current application period is August 31, 2005.
Review Process and Selection Criteria
State Government
All applications will be reviewed by representatives of the Ohio Commission on Dispute Resolution and Conflict Management. The Ohio Commission on Dispute Resolution and Conflict Management retains final authority concerning all contracts awarded through the Public Disputes Program.
Local Governments
All applications will be reviewed by representatives of the County Commissioners Association of Ohio, The Ohio Township Association, The Ohio Municipal League, and the Ohio Commission on Dispute Resolution and Conflict Management. The Ohio Commission on Dispute Resolution and Conflict Management retains final authority concerning all contracts awarded through the Public Disputes Program.
Notification of Awards
The OCDRCM will notify awardees pursuant to application.
Definitions
Consensus Building-Any agreement seeking process undertaken with consensus as its goal. A consensus agreement is often defined as an agreement that all parties "can live with."
Facilitation-A collaborative process used to help parties, with divergent views, complete a task to the mutual satisfaction of all participants.
Matching Resources- Contributions such as meeting room space, materials, secretariat or transcription services, postage, refreshments and/or other items as deemed necessary by the sponsor.
Mediation-The use of an impartial third party to assist two or more parties to reach a mutually acceptable resolution to a conflict or controversy.
Negotiated Rule-making-A process in which one or more governmental and/or other interested parties work together to reach agreement on policies, usually with the assistance of an impartial third party mediator or facilitator.
Public Dispute-a dispute about an issue that broadly affects the public, such as a public policy issue. Public disputes often involve the establishment and/or interpretation of a rule, regulation, policy or guideline and may require some form of broad stakeholder involvement, or public participation.
Sponsor-The project sponsor is the entity that convenes all stakeholders in the collaborative process. The project sponsor is usually a state or local government agency.
Stakeholder- Parties to the discussion.
Ohio Commission on Dispute Resolution and Conflict Management
77 S. High Street, 24th Floor
Columbus, Ohio43215-6108
Phone: (614) 752-9595 Fax: (614) 752-9682