Laserfiche WebLink
DEC 11985 BOOK E2 FAC4O18 <br />TREASURE COAST REGIONAL PLANNING COUNCIL - ESTABLISHMENT OF <br />INFORMAL INTERJURISDICTIONAL MEDIATION PROCESS <br />The Board reviewed the following memo elated 11/22/85: <br />To: <br />F rom: <br />MEMORANDUM <br />Local Governments_-in�the Treasure <br />Sam Shannon l <br />Executive Director`!" x `^ <br />I <br />Date: november 22, 1985 ' <br />Coast <br />DIS, Tr:,P'UT!1.,::,T — <br />Pub,;C <br />Con;:i:::...,, <br />Utiliti;;s -- <br />Finance <br />Other ^ �-�- <br />Region <br />Subject: Informal Interjurisdictional Mediation Process <br />During the 1984 session, the Legislature passed the State and Regional Plan- <br />ning Act which, in part, addressed the Governor's Environmental Land Manage- <br />ment Study (ELMS) Committee's recommendations regarding mediation of local <br />government conflicts relating to comprehensive plans. Specifically, <br />Section 186.509, Florida Statutes, states: <br />Mediation of Conflicts Between Local Governments - The <br />Regional Planning Council shall establish an informal media- <br />tion process to resolve conflicts between local governments <br />relating to comprehensive plans. The resolution of any <br />issue through the mediation process shall not alter any <br />person's right to a judicial determination of any issue if <br />that person is entitled to such a determination under statu- <br />tory or common law. <br />Attached for your review and comment are proposed guidelines for conducting <br />the required interjurisdictional mediation process. These guidelines are <br />based upon procedures employed by the Pennsylvania Local Government Commis- <br />sion, the Virginia Commission on Local Government, and the Tampa Bay <br />Regional Planning Council. <br />Mediation is a voluntary method of dispute resolution encouraged by the <br />American Arbitration Association since 1926 and formally established in <br />several states. It is applicable to both the public and private sector. <br />The primary goal of mediation is a mutually acceptable solution to a <br />dispute, ,..-rived at by consent of the parties, through the guidance of a <br />neutral person serving as the mediator. The process differs from arbitra- <br />tion in that the neutral person in arbitration is authorized to decide <br />issues and render a final and binding decision. The mediator, by contrast, <br />does not decide issues for the parties, nor render a final judgement; the <br />mediator serves as a catalyst and facilitator to move the parties toward a <br />settlement between themselves. <br />78 <br />