(1)The CMHP shall adopt a dispute resolution policy that pertains to disputes that may arise from contracts with service providers that deliver services funded by the Division for the CMHP. Procedures implementing this policy shall be included in the contract with any such service provider.
(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 (Mental Health), 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.
Rule 309-014-0037 — Dispute Resolution,