Amendment #386 to H4100
Community Mediation Language
Representatives Peake of Provincetown, Atsalis of Barnstable, Toomey of Cambridge, Hecht of Watertown, Linsky of Natick, Straus of Mattapoisett, Ehrlich of Marblehead, Dwyer of Woburn, Turner of Dennis, Kaufman of Lexington, Walsh of Boston, Scibak of South Hadley, Pignatelli of Lenox, Keenan of Salem, Madden of Nantucket, Coakley-Rivera of Springfield, Peisch of Wellesley, Andrews of Orange, Farley-Bouvier of Pittsfield, Spiliotis of Peabody, Rosa of Leominster, Sannicandro of Ashland, Mark of Hancock, Sánchez of Boston, DiNatale of Fitchburg, Smizik of Brookline, Lawn of Watertown, Provost of Somerville and Kocot of Northampton move to amend the bill by adding at the end thereof the following section:
SECTION XX… Chapter 75 of the General Laws, as appearing in the 2010 official edition, is hereby amended by inserting, after section 46 the following section:
Section 47. COMMUNITY MEDIATION CENTER GRANT PROGRAM
A.Definitions
For the purposes of this section:
1.“Community mediation center” means a community-based program, of a private non-profit or public agency organized for the resolution of disputes or for a public service or charitable or educational purpose, that provides direct access to free or low-cost mediation services at any stage of a conflict through trained community volunteers and involves community members in the governance of the center.
2."Mediator" means an impartial person who assists in the resolution of a conflict or dispute and meets the requirement of G. L. Ch. 233, Section 23C.
3.“State office” means the statutory state office of dispute resolution at the University of Massachusetts Boston authorized by G. L. Ch. 75, Section 46.
B.Program Mission and Administration
There is hereby established a state-wide community mediation center grant program to be funded by the Commonwealth of Massachusetts. The mission of the program shall be to promote the broad use of community mediation in all regions of the state. Public agencies are directed to deploy community mediation in support of state-wide and community objectives. The program shall be administered by the state office of dispute resolution. The state office shall be authorized to expend appropriated funds on program administration and operational grants to Massachusetts community mediation centers on the basis of need for dispute resolution in neighborhoods and local communities. The state office shall be authorized to advocate for funding and resources for the state-wide program and for community mediation programming. The state office shall be authorized to establish rules and guidelines to effectuate the purposes of this section, including provisions for grant-making, monitoring and evaluation of the state-wide program and state-funded community mediation centers, and establishment of a quality assurance system for mediator excellence. The state office shall establish a program advisory committee with balanced representation of interests, including representation of state-funded community mediation centers.
C.Grants to Centers
Funds appropriated or available for the purposes of this section shall be allocated for eligible community mediation centers through operating grants from the state office. The grants administered under this section are intended solely to provide operational funding for centers to assist them in meeting the needs of local communities. Eligible centers shall be selected for operational grants based on grant applications. Grant applications shall be screened by a grant review committee established by the state office to make recommendations. The state office shall determine the final grant recipients and awards. The state share of the operating cost of any center funded under this section shall include a baseline grant award based on eligibility criteria and a proven track record, and may also include an additional award based on performance levels set by the state office that may include but are not limited to the volume of intakes, sessions and mediations during the immediate past performance cycle, the extent services are being provided to underserved or unserved areas of the state, and the center’s contribution to identified community objectives within the geographical regions served.
D.Eligibility for Grants and Grant Application Procedures
Community mediation centers applying for state-funded operating grants must demonstrate compliance with eligibility criteria established by the state office, including operational and structural criteria and requirements for matching funds. To qualify for funding, community mediation centers must also comply with grant application procedures set by the state office. The office shall consult with centers in establishing grant criteria and procedures.
E. New Centers
Applications to start a new community mediation center may be submitted at any time in the fiscal year but the decision to provide grants is entirely dependent on available funds. The grant review committee will determine how closely the startup center’s operating philosophy, organization, by-laws, and other supporting documents reflect the state office’s eligibility criteria for community mediation. Priority will be given to eligible start-up centers serving areas that have no existing community mediation center(s).
F.Payment Procedures
Payments to centers awarded grants under this section shall be made pursuant to contracts with the University of Massachusetts Boston. The methods of payment or reimbursement for community mediation center operating costs shall be specified by the state office. All such arrangements shall conform to the provisions of this section and the rules and procedures of the state office and the University of Massachusetts Boston.
G.Funding
The state office may accept and disburse from any public or private agency or person, any money for the purposes of this section and perform services and acts as may be necessary for the receipt and disbursement of such funds. A community mediation center funded under this section may accept funds from any public or private agency or person for the purposes of this section. The state comptroller, university controller, the state office director and their authorized representatives shall have the power to inspect, examine and audit the fiscal affairs of state-funded community mediation centers.
H.Reporting
Each state-funded community mediation center shall provide the state office with data on operating budgets, mediation and related services, and such other information the state office may require periodically for monitoring, evaluation and reporting purposes. The state office shall provide periodic progress reports to the program advisory committee and shall report annually to the governor, the trial court chief justice, the senate president, the house speaker, and the chairs of the committees on higher education, judiciary, and ways and means, on the operations, activities and accomplishments of the state-wide program and the centers funded pursuant to this section.