BACKGROUND INFORMATION

The mission of the New York State Unified Court System (UCS) is to deliver equal justice under the law and to achieve the just, fair and timely resolution of all matters that come before our courts. In the service of our mission, the UCS is committed to operating with integrity and transparency, and to ensuring that all who enter or serve in our courts are treated with respect, dignity, and professionalism. We affirm our responsibility to promote a court system free from any and all forms of bias and discrimination and to promote a judiciary and workforce that reflect the rich diversity of New York State. More information about the UCS is available at https://www.nycourts.gov .

The UCS Office of Court Administration’s (OCA) Division of Professional and Court Services (DPCS) is soliciting proposals via this Request for Proposals (RFP) for the purpose of establishing a contract to provide Custody and Visitation Mediation Services in Erie County Family Court.

The New York State Unified Court System offers parties access to free or reduced-fee mediation and other Alternative Dispute Resolution (ADR) services in family law, general civil and commercial law disputes. These services are available in many courthouses and in the Community Dispute Resolution Centers located in almost all of New York State’s 62 counties. The most common ADR process, mediation, is a process where a neutral person called a “mediator” helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the case; instead, the mediator helps the parties communicate so they can try to settle the dispute themselves. Mediation is confidential and can be less stressful than traditional court proceedings. In mediation, parties play an important role in resolving their own disputes. This often results in creative solutions, longer-lasting outcomes, greater satisfaction, and improved relationships.

Custody and visitation mediation provides parents in appropriate cases the opportunity to decide physical and legal custody and/or develop a parenting plan that address any of the wide range of issues parents would like to decide including, but not limited to, parenting time, holidays and vacations, child

activities, educational issues, religious upbringing, visits with relatives, health care, diet, parenting styles, and communication between parents.

PROJECT INFORMATION

At the behest of the Administrative Office for the Eighth Judicial District Administrative Judge, DPCS is issuing this RFP to identify a responsible and qualified nonprofit organization to deliver custody and visitation mediation services to litigants in Erie County Family Court. The annual funding for the initial 12-month period of the proposed contract term is estimated at $325,000. It is anticipated that the Erie County Family Court will refer 1,000 cases per calendar year under this contract and that approximately 60% of those cases will result in a mediation. All referred cases will receive case intake and domestic violence screening as described more fully in Article V (Project Services) below.

AWARD

UCS intends to award one contract for a term beginning on or around July 1, 2023, and terminating on March 31, 2028 (“Contract Term”). Funding under any contract resulting from this RFP is contingent upon the availability of current and subsequently enacted New York State appropriations.

MINIMUM QUALIFICATIONS

Proposals will be considered only from applicants who meet the following qualifications:

• Pursuant to Judiciary Law § 849-a(3), UCS may only consider applications submitted by nonprofit organizations that are organized for the resolution of disputes or for religious, charitable, or educational purposes. Applicants must also operate within New York State.
• Applicants must possess at least five (5) years of experience in performing services relevant to those described herein.
• Applicants must have the ability to provide Project Services (hereinafter defined) to clients within Erie County.

PROJECT SERVICES

UCS seeks proposals describing how the applicant will provide the services listed below (“Project Services”). The selected applicant shall be required to provide the Project Services listed below.

For cases referred from Erie County Family Court, the selected applicant will provide custody and visitation mediation services, including:

• Conduct case intake and case management for all referred cases, including educating referred parties about mediation and its benefits, preparing interested parties to participate in mediation, and following up with parties after mediation services have been delivered;
• Conduct domestic violence screening to ensure that only appropriate cases proceed to mediation;
• Mediate cases online and in-person;
• Prepare mediation agreements and court paperwork to the specifications of the court;
• Manage a roster of consultant mediators and develop additional mediators who have met the minimum standards for mediation training and experience, as outlined in Part 146 of the Rules of the Chief Administrative Judge ( http://ww2.nycourts.gov/ip/adr/Part146.shtml );
• Seek to recruit and utilize diverse mediators who reflect the residents of Erie County;
• Supervise all mediators to ensure high quality of services and ensure that they complete annual continuing education requirement;
• Maintain professional and collegial relationships with Judges and court staff;
• Utilize a database to store case information;
• Review vouchers from roster mediators, issue prompt payments, and maintain thorough financial records;
• Provide reports to the court on a quarterly basis regarding case activity, case outcomes, and client satisfaction; and
• Maintain confidential case files.