TO: Mayor Bien-Willner and Town Council Members
FROM: Jill B. Keimach, Town Manager
Jeanette Wiesenhofer, Court Director
Jeremy Knapp, Community Development Director
DATE: December 5, 2019
DEPARTMENT: Community Development
Staff Contact Jeremy Knapp, Community Development Director, 480-348-3522
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AGENDA TITLE:
Title
Discussion and Consideration of a Resident Mediation Program
Body
SUMMARY STATEMENT:
Mediation is a confidential and voluntary resolution process in which a mediator facilitates communication between parties to reach an agreement. A mediator does not impose a decision but rather facilitates dialogue between parties. Mediation provides a forum to address issues of concern in a productive and peaceful manner for parties to reach a mutually agreed upon solution.
BENEFITS
A Town offered mediation program would provide residents a conflict resolution forum to voice concerns in a civil manner and jointly reach solutions that reinforce positive community values between neighbors. In addition, mediation is a fast, fair and cost-effective way to settle disputes that might otherwise require additional involvement and resources from police, code enforcement or other Town departments.
OPTIONS
The Town of Paradise Valley has two program options for Council consideration: 1) in-house mediation or third-party mediation.
In-House Mediation
A few municipalities across the valley offer free mediation services for residents to solve neighbor to neighbor disputes. Several municipalities such as Chandler, Scottsdale and Tempe, offer in-house mediation services using trained volunteers to mediate disputes.
In-house mediation programs use volunteer residents or in the case of City of Chandler, Arizona Summit Law School students, to mediate neighbor disputes. The City of Tempe and City of Scottsdale require volunteers to complete a 40-hour mediation training course to become a mediator.
City of Chandler’s Mediation Program was established in 2014 and on average receives 9 mediation requests per year resulting in an average of 5 disputes mediated with full settlement/resolution.
City of Scottdale’s Mediation Program was established in 2001 and on average receives 3 mediation requests per year resulting in 2 disputes mediated with full settlement/resolution.
City of Tempe’s Mediation Program was established in 1994 and on average receives 4 mediation requests per year resulting in 2 disputes mediated with full settlement/resolution.
The mediation process from initiation to completion is primarily handled by a mediation coordinator within the municipality. A sample of typical in-house mediation steps include:
1. A mediation request is submitted via e-mail, on-line or in person. Mediation request is forwarded to a mediation coordinator for review.
2. A mediation notice is sent to the respondent. The letter advises the respondent of the request and provides the respondent two weeks to accept or decline the request. Mediation brochure explaining the program is sent along with letter.
3. If no response is received by respondent(s) due date, a second notice of mediation request is mailed out.
4. If the respondent chooses to decline, not respond, or requests the matter be handled outside of mediation, a letter is sent to requestor advising them of respondent(s) decision not to utilize mediation at this time.
5. If respondent accepts mediation request, a confirmation letter is sent to both parties with date, time and location of mediation session. A copy of the mediation Arizona Revised Statue 12-2238 is sent along with letter.
a. Mediation coordinator assigns mediator(s) to the case and provides dispute information to mediator.
b. A subject matter expert is assigned to the mediator if further understanding of municipal code or requirements are needed.
6. At the mediation session all parties, including mediator(s), sign the Agreement of Confidentially.
7. If parties come to a mutually agreed upon solution, the mediator fills out the Mediation Settlement Agreement with the terms/actions agreed upon by both parties.
8. At the end of the session, the mediator completes the Mediation Case Disposition Notice and requires all parties sign document.
The Town of Paradise Valley could implement the same process but would seek volunteer residents with mediator experience to facilitate mediation sessions. In addition, duties of mediation coordinator would need to be assigned to department/staff.
Third-Party Mediation
Other municipalities such as, Apache Junction, Casa Grande, and Gilbert offer mediation through a third-party mediation service, Community Association Institute (CAI) of Central Arizona. The institute offers mediation for a nominal fee of $25-$250 depending on the scope and complexity of each case. CAI handles a wide range of community issues and offers highly trained volunteer mediators. The mediation process from initiation through completion is handled by CAI requiring minimal support from municipal staff. A sample of typical third-party mediation steps includes:
1. Requestor initiates mediation request via phone, email or on-line by completing the application/intake form. A direct link to the mediation program information and forms are available on Town’s website where interested parties can initiate a mediation request or respond to a mediation letter.
2. Third-party mediation service handles requests, notices and scheduling between requestor, respondent, mediator and municipality.
a. Mediation service may request a subject matter expert be assigned to mediator if dispute involves review of Town policies/codes.
The Town of Paradise Valley would follow the same process with CAI or other third-party agencies/individuals interested in providing mediation services to Town residents. If the Town chose to use third-party mediation, a budget item could be added to cover the costs of the mediation so there is no fee to the residents.
COMMON DISPUTES
The most common disputes/issues amongst all mediation programs are barking dogs, landscape issues, and noise complaints. The Town of Paradise Valley residents may have similar disputes, in addition to easement, drainage, and lighting disputes.
WHAT IT IS NOT
Mediation is not mandatory. Participation in mediation is voluntary by both parties.
Mediators are not judges, the settlement that is reached is not decided by the mediator, it’s an agreement that both parties devised together. The final, signed written agreement is not legally binding and cannot be used in court.
FINAL THOUGHTS
In-house and third-party mediation solutions offer a cooperative forum to solve neighbor to neighbor disputes. Either one of these options would provide residents an effective way to resolve conflict that supports positive relationships between neighbors. The staff presentation will provide mediation options for Council’s review and direction.
BUDGETARY IMPACT:
At the current stage of consideration, no budgetary impact has been thoroughly researched. Depending on Council discussion, the implementation of the program could have a minor to negligible impact on the budget depending on how often it is utilized.
ATTACHMENT(S):
Attachment A - PowerPoint Presentation