[HISTORY: Adopted by the Town Board of the Town of Guilderland 7-11-2000
by L.L. No. 5-2000. Amendments noted where applicable.]
The Town Board hereby finds that a voluntary, nonadversarial mediation
process would provide an expeditious, cost-efficient alternative for individual
and community dispute resolution, promote effective communication among parties
of interest, as well as make government more responsive to community concerns.
Such a nonadversarial exchange would heighten understanding of issues and
create an opportunity for the parties of interest to resolve disputes, improve
communications and decrease the likelihood of future conflicts. The Town Board,
therefore, declares it to be the policy of the Town of Guilderland to encourage
voluntary mediation of individual and community disputes.
As used in this chapter, the following terms shall have the meanings
indicated:
An individual with an application pending before a board of authorized
jurisdiction.
The Town Board, Planning Board or Zoning Board of Appeals of the
Town of Guilderland.
The Guilderland Town Court.
A person, partnership or corporation.
A voluntary and nonadversarial process where a mediator assists parties
of interest in resolving disputes, improving communication or decreasing the
likelihood of future conflicts.
An individual who is certified pursuant to the guidelines of the
New York State Unified Court System to conduct mediations.
Any individual that owns property immediately abutting the property
line of an applicant before a board of authorized jurisdiction or, if said
property line abuts a public road, railroad track or body of water, then the
individual that owns property immediately across said public road, railroad
track or body of water.
The plaintiff and defendant in a civil action before a court of authorized
jurisdiction or the applicant and neighbor in an action before a board of
authorized jurisdiction.
A.Â
The Town of Guilderland hereby authorizes and encourages
the use of mediation for the resolution of disputes before any court or board
of authorized jurisdiction or any other issue authorized by the Town Supervisor.
The town shall display information on town-authorized mediation as well as
the benefits of voluntary mediation in nonmunicipal settings.
B.Â
The following rules shall apply to a mediation requested
by a court of authorized jurisdiction:
(1)Â
The presiding justice may request that the parties of
interest consider mediation before the court renders a final determination.
(2)Â
The use of mediation shall be voluntary and shall be
determined in each case by the willingness of the parties of interest to participate.
(3)Â
The court may provide findings of fact to the mediator.
(4)Â
In the event that a mediated agreement is achieved, such
agreement shall be prepared in writing, signed by the parties of interest
and the mediator, and submitted to the court.
C.Â
The following rules shall apply to a mediation requested
by a board of authorized jurisdiction:
(1)Â
A board may request that the parties of interest consider
mediation before the board renders a final determination.
(2)Â
The use of mediation shall be voluntary and shall be
determined in each case by the willingness of the parties of interest to participate.
(3)Â
Any applicant seeking a board's approval who participates
in mediation shall consent to the suspension of relevant time limits for municipal
review on such terms as the applicant and the board of authorized jurisdiction
agree.
(4)Â
The board may provide findings of fact to the mediator.
(5)Â
In the event that a mediated agreement is achieved, such
agreement shall be prepared in writing, signed by the parties of interest
and the mediator, and submitted to the court.
D.Â
A mediator certified pursuant to the guidelines of the
New York State Unified Court System shall conduct all mediations within the
Town of Guilderland.
Any voluntary mediation undertaken pursuant to the provisions of this
chapter shall be conducted in accordance with accepted mediation practices,
including but not limited to those developed by the New York State Unified
Court System.
Unless otherwise required by law, all memoranda, work product or case
files of a mediator shall be deemed confidential and not subject to disclosure
in any judicial or administrative proceeding. Any communication relating to
the subject matter of the resolution made during the mediation process by
any participant, mediator or any other individual present at a mediation session
or sessions shall be a confidential communication.
The Town of Guilderland shall provide a room for court- or board-requested
mediations at no cost to the parties of interest. The town may enter into
a mutually accepted agreement with the Albany County Center for Alternative
Dispute Resolution for pro bono mediations and at-cost mediations. Any cost
associated with mediations conducted pursuant to the provisions of this chapter
shall be allocated among the parties of interest in a matter to be determined
by the mutual agreement of the parties. The town, at its discretion, may enter
into an agreement for sharing the costs of such mediation.
A.Â
Mediated agreements initiated pursuant to this chapter
shall complement, but not circumvent, any federal, state, county or municipal
law, rule or regulation.
B.Â
Mediated agreements initiated pursuant to this chapter
shall be considered highly persuasive by a court or board; however, such agreements
shall not circumvent the authority of the court or board in rendering a final
decision.
