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Sample Mediation Resolution

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(Alternative Dispute Resolution: Navigating Special Legal Issues in Public Agency Disputes) SKU 1920

 

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Appendix

Resolution No. ___

A Resolution of the County of Peace

Initiating an Alternative Dispute Resolution Process

Whereas, the City of Harmony has announced its intention to process an application for residential and commercial development project called the “21st Century Community” in close proximity to the unincorporated area of the County of Peace; and

Whereas, the County of Peace is concerned that the development project will generate traffic and other impacts that will adversely affect residents and businesses in the County of Peace; and

Whereas, it may not be economically feasible for the County of Peace to mitigate these impacts while maintaining the level of service currently provided to County residents and businesses; and

Whereas, the County Board of Supervisors wishes to initiate a process with the City of Harmony to attempt to resolve the differences between the County of Peace and the City of Harmony in a manner that benefits the residents and businesses in both the County and the City; and

NOW, THEREFORE, the Board of Supervisors of the County of Peace does hereby resolve as follows:

Section One. The purpose of this Resolution is to initiate an alternative dispute resolution process with the City of Harmony to attempt to resolve the differences between the County and City regarding the residential and commercial development in close proximity to the jurisdictional boundaries of the County of Peace (“The 21st Century Community”).

Section Two. The process initiated by this resolution will include the selection of an ad hoc committee of [agency body] which committee shall consist of less than a quorum of the body and shall not have a fixed meeting schedule. This ad hoc committee shall then meet with whomever is designated as an ad hoc committee of [other agency body]. It is anticipated that the first step in the process will be the joint selection a qualified conflict resolution professional. Qualifications include experience in resolving disputes between local government agencies; an understanding of how local governments operate; and a working knowledge of the laws pertaining to the meetings of a local government legislative body; the environmental review process; and the land use approval process.

Section Three. The meetings between two members of the City Council and two members of the Board of Supervisors are not considered to be meetings of the legislative body under the Ralph M. Brown Act and will not be open to the public. It is anticipated that appointment of an ad hoc committee will maximize candid conversation and the frank exchange of ideas. Agreements reached in these meetings shall not be binding upon the Board of Supervisors. Any such agreements shall be brought back to the Board of Supervisors in a public meeting to allow the two participating Supervisors to present the agreements to the Board of Supervisors and to the public for their comments.

Section Four. Supervisors _____ and _____ are appointed to participate in the process initiated by this resolution as an ad hoc committee of the Board. Any supervisors appointed to this ad hoc committee are authorized to speak on behalf of the Board of Supervisors.

Section Five. At the first meeting of the Board in [a date two months following the adoption of the resolution] the committee shall provide the Board with a status update on who was selected as the conflict resolution professional and the status of the process and when the process might be concluded.

Section Six. The County Administrator is authorized to do all things necessary and proper to implement this resolution.

PASSED and ADOPTED this ______ day of ______ 2009 by the following roll call vote:

Chair of the Board

Supervisor #1

Supervisor #2

Supervisor #3

Supervisor #4

ATTEST: Clerk of the Board
 

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