Steps for Hiring an ADR Provider and initiating your ADR Process

If you are using the ADR Provider Price Agreements

(Please note that the Price Agreements with these providers are set to expire at the end of 2022. We have always worked with our friends at the National Policy Consensus Center », and we’ll start to follow the list of providers that they are developing with their own RFP (see NPCC RFP #956717 Public Policy Mediation and Facilitation Services and NPCC RFP #956717 Exhibit C, Technical Proposal Form).)

1. Review the qualifications of ADR Providers in the tables below in the ADR service category that best fits your particular project.
   • Mediation General Practitioners
   • Facilitation General Practitioners
   • Public Policy Facilitators
   • Public Involvement Practitioners
2. You may wish to develop of short list of suitable candidates based on experience and availability. DOJ and DAS encourage agencies to engage the other party or stakeholders when selecting an ADR provider who’s effectiveness may depend on their credibility with the participants in the ADR process.
3. Document how you selected the ADR provider using the “ADR Provider Selection Form“.
4. Execute the “Service Order Contract” (found in the middle column in the table below) for the ADR Provider you have selected.
5. Send a copy of the fully executed Service Order Contract to the DOJ ADR Coordinator.
6. If your ADR process is a confidential mediation and involves a state agency you’ll also want to execute an “Agreement to Mediate”. See Mediation Confidentiality for information regarding state agency mediation confidentiality rules and model “agreement-to-mediate” forms.

If you are using a different procurement method

1. The table at “Hiring Mediators or Facilitators” describes some of the ADR Provider Procurement options available to state agencies. Contact your assigned AAG if you need assistance choosing a procurement method for your project.
2. When selecting an ADR provider its often best practice to involve other key stakeholders in the selection process, a process referred to as “mutual selection.” Under this process, the agency and the other parties to a dispute develop a list of candidates and contact mediators or facilitators to obtain more information on their experience, fees, availability, dispute resolution style, etc. The agency and the other parties then select a mediator or facilitator who is acceptable to everyone. For agencies subject to DAS rules, mutual selection may be used as the selection criteria in any of the procurement processes except the formal procurement.
3. Execute an appropriate contract form. See sample ADR contracts can be found at Hiring Mediators or Facilitators.
4. If your ADR process is a confidential mediation and involves a state agency you’ll also want to execute an appropriate “Agreement to Mediate.” See Mediation Confidentiality for information regarding state agency mediation confidentiality rules and model “agreement-to-mediate forms.

Oregon State ADR Provider Roster (Price Agreements)

The Oregon Department of Administrative Services (DAS) has established Price Agreements for ADR Providers for services to state agencies, state higher education institutions and local governments. The following tables list the qualifications and provide links to the contract forms for the ADR Providers who were awarded a Price Agreement in the following four ADR service categories:

• Mediation General Practitioners
• Facilitation General Practitioners
• Public Policy Facilitators
• Public Involvement Practitioners

Mediation General Practitioners

The Mediation General Practitioners listed below are impartial third parties who assist two or more parties in reaching a mutually acceptable resolution to a controversy. These Practitioners have broad mediation experience and skills and are able to adapt mediation to a wide variety of formal and informal contexts and for a wide range of disputes. Their experience includes mediation of workplace and employment related disputes. Examples: 1) Two staff have been working together for 6 months on a project. The project has stalled as a result of an interpersonal conflict between the two. The Agency has hired a mediator to help the employees get back on track; 2) A governmental entity and a developer are in a dispute regarding plans for a road; 3) A governmental entity and a contractor have a contract dispute, the contract specifies that they use mediation if direct negotiations fail; and 4) an Agency hires mediators to resolve disputes between consumers and regulated businesses.

Facilitation General Practitioners

The Facilitation General Practitioners listed below are experts at helping large groups (6 or more participants) work effectively to achieve a desired objective. These Practitioners have sufficiently broad experience and skills so as to be able to design and facilitate a large group process to achieve a variety of goals. Examples: 1) Designing and facilitating an all-managers budget planning meeting; 2) Facilitating three meetings for an interagency taskforce to help the members resolve a conflict over a joint IT project; 3) Working with a labor-management committee to develop an agency-wide survey and facilitate a group discussion regarding the survey results; or 4) Conducting an off-site retreat to help do long-range strategic planning.

Public Policy Facilitators

The Public Policy Facilitators listed below are expert at helping governmental entities and diverse stakeholders reach agreement on controversial public policies or public projects, often within a complex legal, political or regulatory context. These providers are experienced at assessing, designing, convening and facilitating collaborative processes. Examples: 1) Assessing, designing, convening and implementing a process with the goal of helping 15 government agencies, environmentalists and natural resource users reach agreement on a management plan for the Barkdust watershed. 2) Helping an 11 member agency advisory committee reach consensus on new rule language involving the licensing of massage therapists.

Public Involvement Practitioner

The Public Involvement Practitioners listed below are experts at helping governmental entities engage the public on important public issues or projects. These providers are able to design and implement an appropriate public involvement process from projects that seek to inform or educate the public to projects that allow for greater public involvement via consultation or collaboration. Example: Designing a website and a series of open-houses and public meetings for the city of Springdale to allow city residents to better understand and provide input on plans for a proposed new airport.