COURT ORDER NO. 28206
APPROVAL TO RENEW CONTRACT WITH HILL COUNTRY ALTERNATE
DISPUTE RESOLUTION CENTER
On this the 11th day of August, 2003 upon motion made by Commissioner Letz
seconded by Commissioner Williams, the Court unanimously approved by a vote
of 4-0-0, to renew the contract with the Hill Country Alternate Dispute Resolution Center
to provide mediation service and for funding of $32,000.00 for such.
~t ~~~c~~~~a .~a:aa .r.~~ ~av~m~~cz7 ;err ~,ounLy :~zLy urrice moor
• •

+,~GMMISSIt)NEItr UItT A_,GE~ O~ SST
~E~~E ~-R a~ ©xr~nvAL A]+~ ]vim: caP~,S OF Tx><s xEavE~T arm noczn-~lv'rs TQ BE
REVIEWED~Y~,~(~URT.
MADE BY: _ CIS ~_ ~ ~ OFFICE.: N,~( Co~Y ,4D 2 Cc,wtc.~.
MEETING DATE: < < , Z d0~ _ TL~+IE PREFERRED: ..Qan,G,~ r.~ n~u,~~
SUBJECT: (PRASE HE SPECIFIC}
~~~
f~tU~ D2 e. }-n ~.ae,...~ cav~~'a~-t' w~,f-~-
--^.c.d.c_o~z d:-. s~rvZC.u ~••, kP.rr 1.~~ ~ a,~.~d ~'
EXECUT'IV'E SESSION REQUESTED: (PLEASE STATE REAS013} ~~'L
?gAME OF PEI~tSON ADDRESSINCI THE COURT:
ESTIMf!.TED LENGTH OF PRESENTATION:
IF' PERSCJI~i ;L M:4TTER - I~AIti'fE OF ENiPI~~OYEE:
SIs~ t~3~'I~.,
5 w, ~,t.e5,i,
N //t-
Titne fnr ~rbnaitting this request for Court t4 z~ure that the matter is posted in accordance with Title S, Chapter
S l and 5 ~2, Gove~nn~ent Code, is as follows:
Meet~g, s~;ixduled for Mondays:
TFi[S REQUEST RECEIVED BY:
ASil~ 1`-tiQ1JL~93 i~L:C~I ~ GL \Jl`:

Atl fi~tenda Regnesis wiil be screened by %]~e Caunty Judge's Office to determine if adequate information has been
prepared for thy Court's formal consideration and rK-tion sit time of Court Meetings. 'Four cooperation will be
appreciated anci carrin~ute towards you request being addresGed at the ear]iest opportunity. See Agenda Request Rules
t~dopted b5 Commissioners' Court.
5:0(] P.M. pre~~ious Tuesday.
In 1987, the Texas Legislature passed
the Texas Alternative Dispute
Resolution Act which defines ADR as
anon-binding confidential proceeding
in which an objective neutral third
party facilitates resolution and
settlement of a dispute outside a
formal court of law. In doing this, the
Legislature recognized that not only
does ADR provide a low cost method
to the parties for resolution of their
disputes, but it can also dramatically
reduce the cost to all taxpayers for
our court system.
Providing services to counties in the 198th
and 216th Judicial Districts.
Hill Country Alternative Dispute
Resolution Center, Inc.

BOARD OF DIRECTORS
Rex Emerson, Kerrville
---.~
In 2002, at t-~e urging. of local judges,
lawyers, and .concerned citizens, the
Kerr County Bar Ass©cra#!on =took up
the challenge_and through funds
collected by the Courts pursuant to`
the Texas ADR Act theHill Country
Alternative Dispute Resolution Center
has become a reality
Scooter Brown, Kerrville
Linda Uecker, Kerrville
'-Chris Wallendorf, Comfort
;; Kerry Schneider, Bandera .
David.-Jackson, Kerrville
Ilse Bailey Kerrville
Craig Leslie, Kerrville
Christol Schoessow, Fredericksburg

hcadre(a~ktc.com
~f:
N.s ~ ,,
~.°
,.. e c
;::~
~~~~?
tae lly
~~~ are usua
sions
Mediation ses
~~ a week to ten
~~ cd
informal alternative to
~Aediation offers an ersonai conflicts.
al resolution of interp in the
form actively involved
The parties are roblems through
of their own p reement• A
resolution otiation and ag
discussion, ne$ acts as a facilitator in
Mediator amicable
tre P rtgthe disputants reach an
~, h
settlement
scheduled with~ntime the
days from the first interviewed
disputants are native
ntry Alter e
at the Hill you ~enter• Th
Resolution
pispute the parties in
tors assist
media conflict and
their s for
exploring ossible area
uss p of their differences.
disc
resolution
Conducted
lion are
ges s both parties
ally, with ortunity t°
form s
in iven full opp version of
being g ective
air their resp
the disp~'}p'
~," ~ ~~
~~ be the
s of an interpersonal nature ca They
pispute frustration.
reat stress and and time
source of g e the subject of costly
may becam final praceedings•
civil or trim a lawyer's
Consuming utes do not justify
ch disp of litigation in terms of
Most su the expense
time and
relief sought• tends to be
ute resolution less
Alternative dis economic flexible, and
formai~ room procedure.
nick,
q _ _}~~ than formal cou
Low Cost
informal
, Efficient
Confidential
provides quick satisfaction
• Less stressful than court
' atic than court
Less traum
' the burden on the
pecreases
court
is ~~~ ~,•_ ;nediator to
oal of the 5essian utually
The g constructing a of their
artier in
guide the p written memorandum
satisfacto~ a mediator does not ndvLa~ers
agreement. Th the agreeme
draft-ng ate in the mediation as
disputants in articip
are welcome t° p
Well.
~~ ~~ ~~ ~~
~~ ~ ~~
cage is ~~y~~ynca`te ~ ~;~~~°" .'
NEW ADD~SS:
arl Garrett Suite 108
327E TX 78028
j{errville, 830_792-6220
830-792-5000 F~15Q2
` ` y ~r.+ r
Toll Tee 888-292-
V/~
T"" '
HCARDC REQUEST FOR FUNDING FROM
KERR COUNTY COMMISSIONERS COURT
FOR COUNTY FY 2003 - 2004
The Hill Country Alternative Dispute Resolution Center {HCADRC) comes before the
Kerr County Commissioners Court, asking that the Court renew its funding for the Center
from its Alternative Dispute Resolution Funds, in the amount of $33,000.00 for the
County's fiscal year 2003 - 2004.
Although the Center has not yet been in existence for a full year, and therefore does not
have a full annual report to offer for your review, HCADRC offers the following
information about its operations to date to order to assist the Court in making its decision
regarding funding for the upcoming fiscal year.
As you will note, the Center has already provided valuable services to the community and
has experienced substantial growth in recent months. We believe that with the funding we
have requested from Kerr County and other sources of revcnue that the Center is
pursuing, we will be able to continue to grow and to become an indispensable asset to
this community and to the Hill Country as a whole.
Mediation Services Provided by HCADRC:
The following data and chart represent the number of mediations performed, by month
and county from October 1, 2002 to the present:
Oct.	Nov.	Dec.	Jan.	Feb.	Mar.	Apr.	May	Jun.	Jul.
Kerr 0	0	1	0	2	1	2	5	3	4
Bandera 0	0	0	0	0	0	1	1	5	3
Gillespie 0	0	0	0	0	0	2	0	0	1
^ Gillespie
^ Bandera
^ Kerr
Oct. Nov. Dec. Jan. Feb. Mar. Apr. May Jun. Jul.
Of all mediations performed by the Center, the following data and chart represent the
number that were set by agreement and those that were court-ordered:
Oct.	Nov.	Dec.	Jan.	Feb.	Mar.	Apr.	May	Jun.	Jul.
Court-ordered 0	0	0	0	0	0	1	1	6	4
Set by Parties 0	0	1	0	2	1	4	5	2	4
^ Set by Parties
^Court-ordered
Volunteers Have Provided Valuable Services to the Center
HCADRC has received wide support in the community, both from attorneys and judges
and from the non-legal community. The Center held a training class in February, 2003,
during which 14 volunteers received certificates of training that meets the state's
established guidelines for mediator training. One attendee was a local attorney, the rest
were non-lawyers. Of the 14 trainees, 3 have participated in mediation observations and
have assisted in a sufficient number of additional mediations that they are qualified to
perform mediations on their own. Two of these graduates have mediated cases for the
Center already. Several others are close to being finished with their training and will
mediate for the Center when the opportunity arises.
HCADR plans to offer another training course in September, 2003, at which time we are
hopeful that we will be able to certify 20-25 new mediator graduates. At least 7 of the
members of our first class have agreed to assist with the September class, and other
volunteers from the community have also volunteered to assist. We also plan to offer a
more specialized training class focusing on family law mediation in November, which
will meet the state-established guidelines for family law mediator training.
In addition to the trainees who perform mediation services for the Center, we have
received gracious assistance from a number of attorneys and other experienced mediators
from this community and around the state.
Oct. Nov. Dec. Jan. Feb. Mar. Apr. May Jun. Jul.
We Have Outgrown Our Initial Office
When the HCADRC first began, the Kerr County Commissioners Court generously
permitted the Center to operate from a small office in the Kerr County Courthouse
Library. This gave the Center a location and access to telephone service, copier, and
much more. Without this assistance, there is some doubt as to whether the Center could
have achieved the momentum to become a viable organization. Nearly a year later, the
Center has its own offices, where mediations, depositions and other meetings can be held,
and which provides the privacy and security necessary for participants to feel secure and
able to fully participate in the process. The Center is currently located at 327 Earl Garrett
Street, Suite 108, Kerrville, Texas 78028. The Center's income from mediation services
have been sufficient to cover the cost of rent and utilities to date, and we expect that this
income will continue to meet or exceed this overhead.
Personnel
The Center began with a budget for afull-time director and apart-time assistant. Both
positions are currently filled, and the Center expects that these positions will continue to
be the entire staff for the Center for the foreseeable future. The assistant position is
expected to become afull-time position for Center's the next fiscal year, January 1, 2004
-December 31, 2004.
Budget
Now that the Center has had nearly a year in operation, we are much better able to write a
budget that will realistically reflect our needs for the upcoming year. Although the
Center has not yet adopted its official budget for its fiscal year 2004, we predict that our
budget will generally be as follows:
Ezaenses
Non-Rent Operating Expenses:	$ 7,660.00
Rent/Utilities	$ 8,200.00
Public Education	$ 1,560.00
Professional Fees	$ 500.00
Travel and Conference	$ 3,006.00
Mediator Training	$10,300.00
Salaries, Taxes, etc.	+$50,800.00
TOTAL	$82,026.00
Income
Mediation Training Class $20,000.00
Mediation Income $15,000.00
Kerr County $33,000.00
Other Counties/fiinding sources +$14,026.00
TOTAL $82,026.00
The Hill Country Alternative Dispute
Resolution Center, Inc.
is Sponsoring a 40 Hour Basic Mediation Class in Kerrville.
This class will be taught by Nancy Wise of Wise Mediation Services in Austin, assisted by
local mediators. Mike Schless, Chair of the State Bar Section of Dispute Resolution, will give
a special presentation.
CLE's in both Participatory hours and Ethics will be offered
for attorneys.
September 11,12 and 15,16,17
In the District Court Area of the Kerr County Courthouse
Class time will be from 8:00 a.m. to 5:00 p.m. daily.
Applications are being taken now! ! !
For more information, call 830-792-5000
or come by 327 Earl Garrett, Suite 108, to pick up an application
form. Class Space is limited so please apply now to reserve your place in this
interesting and exciting class.
(A 24-hour Family Mediation Class will be offered in November. Basic
Mediation is required before taking Family Mediation Training.)
"HCADRC"CONTRACT
STATE OF TEXAS §
COUNTY OF KERB §
WHEREAS, the Kerr County Commissioners Court, hereinafter "COUNTY",apolitical subdivision of
the State of Texas, has the authority, under § 152.002, Texas Civil Practice & Remedies Code, as amended, to
contract for alternative dispute resolution services, as defined in Section 152.001, Texas Civil Practice &
Remedies Code, as amended, and
WHEREAS, the Hill Country Alternative Dispute Resolution Center, hereinafter "HCADRC," a Texas
non-profit corporation, has been formed for the purpose of and is engaged in providing alternative dispute
resolution services; and
WHEREAS, HCADRC has contracted with COUNTY to provide these services in said COUNTY and
has been doing so since October, 2002, and HCADRC desires to continue this relationship by renewing its
contract with COUNTY to provide those services to the citizens of Kerr County and the Hill Country region
(hereinafter "citizens");
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to the citizens, HCADRC shall be
entitled to (a) utilize space and ancillary courthouse services in the Kerr County Courthouse for
mediation services as approved by Kerr County Commissioners Court and affected elected officials,
and (b) receive a lump sum of $33,000.00 from the COUNTY for its fiscal year October 1, 2003 -
September 30, 2004. Such amount shall be disbursed from the COUNTY'S ADR fund to
HCADRC on or after October 1, 2003, upon written request from HCARDC.
2. Services. HCADRC will provide services to citizens through the Kerr County Justices of the Peace
courts, the County Court, Kerr County Court at Law and the 198th and 216th Judicial Districts,
other Kerr County courts, as follows:
Alternative dispute resolution services to all residents of COUNTY, on a low cost basis.
4. IRS classification. HCADRC is atax-exempt non-profit 501(c)(3) corporation. Its IRS EIN is
264506319.
5. Prospective financial and performance reports. HCADRC has bee~in operation for less than one
year and therfore has no previous annual financial report to provide. HCADRC shall submit to
COUNTY a copy of HCADRC's independent financial audit or end-of--year financial report of all
expenditures and income for the period of HCADRC's fiscal. year ending in calendar year 2003, by
the later of thirty (30) days following its receipt by HCADRC or by September 30, 2003. Attached
hereto as Exhibit A is HCADRC's most current performance review, including details of services
provided and clients served for the period October 1, 2003 -June 30, 2003. Said performance
review includes the total number, listed by court served, of clients served, of volunteer hours
Page 1 of 4
served, of number of volunteers trained and number of volunteers who provided mediation services
through HCADRC.
6. Term. The Term of this agreement is one year beginning on October 1, 2003, and ending on
September 30, 2004, unless earlier terminated by either party on thirty (30) days written notice. The
date of the commencement of the term of said agreement may be modified by agreement of the
parties.
7. Use of Funds. The moneys paid to HCADRC shall be expended solely for the provision of salaries
to employees of HCADRC and operational expenses of HACDRC in COUNTY.
8. Books and records. All books and records of HCADRC shall be open for inspection during normal
business hours to any member of the public, the Kerr County Auditor, and such persons or entities
as may be given that authority, in writing, by the COUNTY, provided, however, that this clause
shall in no way be construed to override the provisions of the Federal Privacy Act or other state of
federal law or regulation concerning the disclosure of confidential or privacy matters.
9. Non-exclusion. This contract is not exclusive and COUNTY reserves the right to contract with
additional parties for the provision of the aforementioned services to the courts and other Kerr
County departments engaged in the providing of alternative dispute services to residents of Kerr
County.
10. Effective date. This agreement is effective upon approval by Order of the COUNTY.
11. Non-discrimination. HCADRC agrees to operate under a policy of nondiscrimination with regard to
the provision of said services. Such policy shall prohibit discrimination by HCADRC's employees or
principals on the basis of race, sex, age, religion, color, handicap, disability, national origin,
language, political affiliation, political belief or other non-merit factor. Any act of discrimination
shall constitute a material breach of this contract.
12. Sexual harassment prohibited. HCADRC further agrees to adopt and maintain a policy that
prohibits sexual harassment. Any act of sexual harassment by HCADRC'S employees or principals
constitutes a material breach of this contract.
13. Applicable laws. HCADRC agrees to comply with any and all applicable laws, local, state, and
federal, regarding work hours, safety, wages, social security benefits, discrimination and/or workers
compensation. This clause places a duty to meet the requirements of such laws only if the law itself
places such a duty on HCADRC. Any act in violation of any of those laws or ordinances shall
constitute a material breach of this contract.
14. Default.
a. In the event either party shall fail to keep, observe or perform any covenant, agreement, term
or provision of this contract to be kept, observed or performed by such party, respectively, and
such default shall continue for a period of ten (10) days after notice thereof by the non-
defaulting party to the other, then in any such event the non-defaulting party shall be entitled to
terminate this contract.
Page 2 of 4
b. No delay on the part of either party in exercising any right, power or privilege shall operate as
a waiver thereof, nor shall any single or partial exercise of any right, power or privilege
constitute such a waiver nor exhaust the same, which shall be continuing. No notice to or
demand on either party in any case shall entitle such party to any other or further notice or
demand in similar or other circumstances, or constitute a waiver of the rights of either party to
any other or further action in any circumstances without notice or demand.
15. Successors and assigns. This contract shall inure to the benefit of, and be binding upon, the parties
hereto and their respective heirs, legal representatives, successors and assigns; provided that
HCADRC may not assign this contract without COUNTY'S prior written consent.
16. Governing law. This contract shall be governed by and construed and interpreted in accordance
with the laws of the State of Texas. This contract shall be enforceable in Kerr County, Texas and
venue shall also lie in Kerr County, Texas.
17. Notices. Any notice or communication hereunder must be in writing, and may be given by
registered or certified mail; if given by registered or certified mail, same shall be deemed to have
been given and received when a registered or certified letter containing such notice, properly
addressed, with postage prepaid, is deposited in the United States mail; and if given otherwise than
by registered mail, it shall be deemed to have been given when delivered to and received by the
party to whom it is addressed. Such notices or communications shall be given to the parties hereto
at the addresses set forth below. Any party hereto may at any time by giving ten (10) days written
notice to the other party hereto designate any other address in substitution of the foregoing address
to which such notice or communication shall be given.
18. Severability. If any term, covenant or condition of this contract or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
contract or the application of such term, covenant or condition to persons or circumstances other
than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term,
covenant or condition of this contract shall be valid and shall be enforced to the fullest extent
permitted by law.
19. Relationship. The parties hereby agree that this contract is for the provision of the services
described herein and hereby renounce the existence of any other relationship. In no event shall
COUNTY have any obligation or liability whatsoever with respect to any debts, obligations or
liabilities of HCADRC, and HCADRC shall have no authority to bind COUNTY to any contract,
matter or obligation. No duties of COUNTY are delegated to HCADRC by this contract and any
provision which is or may be held to be such a delegation shall be of no force or effort.
20. Modification and termination. This contract may be amended, modified, terminated or released only
by written instrument executed by COUNTY and HCADRC, except as herein otherwise provided.
21. Total agreement. This contract is a total and complete integration of any and all undertakings
existing between the parties hereto and supersedes any prior oral or written agreements, promises
or representations between them. The headings of the various paragraphs of this contract are for
Page 3 of 4
convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation
of the provisions of this contract.
COUNTY
By:
Pat T' ey ~-_____„
Kerr County Judge
HCADRC
By:
Ilse D. Bailey
President, HCADRC Boazd
Date: ~2 ~ '~
COUNTY:
Kerr County Commissioners Court
c/o Kerr County Judge
700 Main Street
Kerrville, Texas 78028
~-~~~
Date: g ~ZS f a ~
NOTICES
HCADRC:
Scooter Brown
Executive Director, HCADRC
327 Earl Garrett Street, #108
Kerrville, Texas 78028
Page 4 of 4