74BAI-S3523 MEDIATOR Application Packet 9-17~2.docx

74BAI-S3305 Mediator Application Packet

MEDIATOR APPLICATION RESPONSE

MEDIATOR CONTRACTS-INFORMATION REQUIRED FROM MEDIATOR

This document is to be used as a checklist for a complete submission.

Vendors are expected to return this entire packet

CRITICAL ITEMS

Mediators must submit and complete forms using the Legal Name as registered with the Secretary of State’s office.

Mediators must have completed registration with the Controller’s Office prior to submission.

VENDOR INFORMATION RESPONSE – LEGAL NAME

Contracts are issued one (1) per legal entity not by location of business or practice.

Mediators are required to complete the Vendor Information Response section of this application packet.

CERTIFICATION REGARDING LOBBYING

Mediators are required to complete the Vendor Information Response section of this application packet.

MEDIATION RATES

Mediators are required to complete the rates documents without exceeding the rates on that page.

SCOPE OF WORK:

The State of Nevada shall:

Receive written Alternative Dispute Resolution claims through the Office of the Ombudsman for Common-Interest Communities and Condominium Hotels.

Provide specific instructions on the Alternative Dispute Resolution process through a written overview, as well as via response to any inquiries about the program.

Receive and process the filing fees for the Alternative Dispute Resolution process.

Create and maintain a list of Mediator contractors (individually, “Contractor”) approved for the program pursuant to NRS 38.300-.360, along with their curriculum vitae or resumes and training background, on the Division’s website.

Notify the assigned Mediator (“Mediator”) in writing when they have been assigned to a claim (“Mediation Assignment”), and forward to the Mediator the claim form and response filed with the Division.

Notify the parties of the name and contact information for the Mediator selected.

Create and maintain stocks of brochures, form letters, and any other descriptive paperwork related to the Alternative Dispute Resolution program that can be distributed to constituents upon request.

If authorized by law and funds are available, subsidize the Mediation Assignment if the parties are deemed to be qualified, pursuant to regulation or policy adopted by the Division. Subsidy payments are to be forwarded to the Contractor no later than 60 days after receipt of the Contractor’s submitted billing statement and summary of the mediation.

Maintain accurate records of all subsidy amounts dispensed by the Division.

Awarded contractors will perform the following services/ABIDE BY THE FOLLOWING TERMS:

Conduct mediations and draft legal agreements based on the outcome of the Mediation Assignment, addressing issues regarding:

The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property, or any bylaws, rules or regulations adopted by an association.

The procedures used for increasing, decreasing or imposing additional assessments upon residential property in a homeowner association.

Be available within the geographic location of the parties to the assigned claim.

Agree to update the Mediator’s curriculum vitae or resume when necessary for posting on the Division’s website.

Agree to notify the Division within (3) days of receipt of the Mediation Assignment if a conflict of interest exists with any party.

Not later than 5 days after receiving the Mediation Assignment, send initial written communications to the parties for the purposes of scheduling the mediation (“Scheduled Mediation”).

Notify the parties that they must provide the Mediator a written statement which sets forth the issues in dispute, and any additional documents relevant to the Mediation Assignment, no later than 5 days before the Scheduled Mediation.

Review all supporting documents provided by the parties and schedule and conduct the Scheduled Mediation in a manner that adheres to all statutes and policies mandated by NRS 38.

Conduct Scheduled Mediation proceedings that are not to exceed 3 hours, unless the parties agree to an extension of such time and to jointly bear responsibility for any additional hourly fee for the Mediator, not to exceed $200.00 per hour.

Secure locations for the Scheduled Mediation that are accessible and amenable to all parties involved, or if all parties agree to the mediation being conducted electronically, on a mutually agreeable electronic platform.

Charge a fee not to exceed $500.00 for 3 hours of the Scheduled Mediation, unless the parties agree to an extension of such time and to jointly bear responsibility for any additional hourly fee for the Mediator, not to exceed $200.00 per hour.

Use their best efforts to complete the Mediation Assignment within 60 days from the date of filing of the claim, as per NRS 38.330(1).

Within 30 days of completion of the Scheduled Mediation, provide the Division with a summary of the Mediation Assignment, including whether the parties resolved their dispute.

If the Mediator receives notice from the Division that any portion of the mediation is subsidized and

1) the Scheduled Mediation proceeds with all parties in attendance, submit, within 30 days after completion of the Scheduled Mediation, an invoice form #631 detailing the hourly rate, costs, and expenses incurred by the Mediator. The subsidy shall not exceed $500.00 per Mediation Assignment ($250.00 per party), whichever is less, or any amount authorized by law.

2) if the Scheduled Mediation does not proceed for any reason, including, but not limited to, voluntary withdrawal or non-cooperation by either party, submit, within 30 days after the completion of the Scheduled Mediation, an invoice form #631 detailing the hourly rate, costs, and expenses incurred by the Mediator. The subsidy shall not exceed $250.00 per Mediation Assignment ($125.00 per party), whichever is less.

Obtain directly from the parties all other costs and expenses that are not covered by the amount subsidized.

During the term of the contract, and within each fiscal year of July 1 through June 30, be available to attend up to (4) hours of instruction if requested by the Division without compensation from the State.

Notify the Division in writing of any scheduled or non-scheduled absences, vacations, or time periods the Mediator will not be available for assignment to a hearing.

Agree that the State does not guarantee any minimum volume of services. The State intends to enter into contracts with qualified mediators who have experience suitable for meeting the various needs of the agency.

DELIVERABLES

The Scheduled Mediation must not exceed 3 hours, unless the parties agree to an extension of such time and to jointly bear responsibility for any additional hourly fee for the Mediator, not to exceed $200.00 per hour.

Mediators are responsible for securing locations for the Scheduled Mediation that are amenable to all parties involved. This excludes any space located at the Real Estate Division.

The Mediator’s charges for any Mediation Assignment is not to exceed $500.00 for 3 hours of mediation, unless the parties agree to an extension of such time and to jointly bear responsibility for any additional hourly fee for the Mediator, not to exceed $200.00 per hour.

Within 30 days from completion of the Mediation Assignment, the Mediator is to notify the Division of the outcome and, if the Scheduled Mediation proceeds with all parties in attendance, indicate in writing that a Completion letter is to be issued to all participating parties.

The Mediation Assignment is to be completed within 60 days of the date of filing the claim.

Should any or all parties in the mediation be deemed eligible for the subsidizing of the proceedings by the Division, the mediator will submit, upon completion of a Mediation Assignment, a subsidy invoice form #631 detailing the hourly rate, costs and expenses of the proceedings, after which the mediator will receive a subsidy amount of up to $500.00 from the Real Estate Division, if the Scheduled Mediation proceeds, and up to $250.00, if the Scheduled Mediation does not proceed.

Mediator shall obtain all costs and expenses not covered by the subsidized amount directly from the parties.