New Mexico Projects
The
2004 Performance Review chapter on expanded use of conflict resolution
in New Mexico, written by Anne Clark of the state’s Energy, Minerals,
Natural Resources Department, offers an overview of how other states
have used consensus building and DR to save money and improve efficiency
in their states. It also describes several program successes in New Mexico:
Regulation and Licensing Department (RLD) – For the past three years, RLD, which regulates 39 professions and involves 34 professional licensing and enforcement boards, has been using mediation as an alternative to formal administrative hearings. The licensing boards refer disciplinary matters to mediation, and while not all boards are using mediation, more and more are trying it. Since 2001, scores of disputes have been referred to the Department's ADR Services, and have been resolved without going to administrative hearing.
According to the Performance Review report, RLD’s cost of an administrative hearing ranges from $2,000 to $4,000, while cost for an agency/licensee mediation averages $140. In FY 2003 alone, the agency saved between $24,180 and $50,180, the report says.
The report also says the RLD program has expanded its capacity for reviewing complaints against licensees. Formerly, many license violations were investigated but not formally acted upon, as they were deemed too minor to warrant the revocation or denial of a license. The mediation program enables the agency and licensees to come to agreement on intermediate measures that allow licensees to keep their license as well as provide appropriate corrective measures and relief for any victims of the license violation.
A number of RLD staff members have received training in areas such as conflict awareness, communication, negotiation, mediation, and listening skills. Trained mediators from RLD have helped an array of state organizations, including other executive agencies, public schools, and the Magistrate Court, to settle disputes. Other state agencies—Risk Management among them—are now using RLD’s program as a model in designing their own.
Civil Rights – The Loss Control Bureau (LCB) of New Mexico’s General Services Department implemented a Civil Rights Training Program to increase manager sensitivity to EEO-related issues, improve fairness in discipline cases, and develop a network of qualified internal mediators. Funding for this training came from money set aside from civil rights insurance premiums paid to General Services by other state agencies.
Beginning in 2002, the LCB added mediation training to its civil rights training program. The General Services Department obtained high participation in the training program from other state agencies by offering to cut each agency’s civil rights insurance deductible by between 50 and 62.5 percent, if 90 percent or more of that agency’s identified managers attended the trainings.
For a copy of the dispute resolution chapter and recommendations contained in the New Mexico Performance Review, contact Anne Clark.