(2) When a dispute exists between a county or
a CMHP and a service provider regarding the terms of their contract or the
interpretation of an administrative rule of the Division relating to Division
programs under ORS Chapter 430, and local dispute resolution efforts have been
unsuccessful, either party may request assistance from the Division in
mediating the dispute.
(a) Procedure. The
parties shall demonstrate a spirit of cooperation, mutual respect, and good
faith in all aspects of the mediation process. Mediation shall be conducted as
follows:
(A) Request. The party requesting
mediation shall send a written request to the Division Chief Officer, the CMHP
director, and the provider agency director, unless other persons are named as
official contact persons in the specific rule or contract under dispute. The
request shall describe the nature of the dispute and identify the specific rule
or contract provisions that are central to the dispute.
(B) Arrangements. The Chief Officer or
designee, shall arrange the first meeting of the parties at the earliest
possible date. The agenda for the first meeting should include:
(i) Consideration of the need for services of
an outside mediator. If such services are desired, agreement should be made on
arrangements for obtaining these services.
(ii) Development of rules and procedures that
will be followed by all parties during the mediation;
(iii) Agreement on a date by which mediation
will be completed, unless extended by mutual agreement.
(C) Cost. Unless otherwise agreed to by all
parties:
(i) Each party shall be responsible
for the compensation and expenses of their own employees and representatives;
and
(ii) Costs that benefit the
group, such as services of a mediator, rental of meeting space, purchase of
snack food and beverage, etc. shall be shared equally by all parties.
(b) Final
Report. A written statement documenting the outcome of the mediation shall be
prepared. This statement shall consist of a brief written statement signed by
all parties or separate statements from each party declaring their position on
the dispute at the conclusion of the mediation process. In the absence of
written statements from other parties, the Division representative shall
prepare the final report. The final report on each mediation shall be retained
on file at the Division. The Division will, from time to time, or as requested
by the legislature or others, prepare summary reports that describe the success
of mediation in resolving disputes.
