30-A §2171-F. Resolving conflicts; selecting mediator
Title 30-A: MUNICIPALITIES AND COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Part 2: MUNICIPALITIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Subpart 2: ORGANIZATION AND INTERLOCAL COOPERATION HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Chapter 113: CONSOLIDATION, SECESSION AND ANNEXATION HEADING: PL 1995, C. 377, §1 (RPR)
Subchapter 2: SECESSION PROCESS HEADING: PL 1995, C. 377, §2 (NEW); PL 1997, C. 699, §1 (RPR)
§2171-F. Resolving conflicts; selecting mediator
If the vote of the municipal officers and the advisory referendum are in conflict, the municipal officers and the secession territory representatives shall meet to attempt to resolve issues related to the secession. If the municipal officers and secession territory representatives do not reach agreement on all issues within a reasonable amount of time, an independent 3rd-party mediator must be retained and the costs shared by the municipality and the secession representatives. The mediator must be knowledgeable in municipal management and municipal law as well as conflict resolution. [1999, c. 381, §2 (NEW).]
If the municipal officers and secession territory representatives can not select a mutually agreed upon and qualified mediator within 30 days of reaching impasse on secession issues, the parties must petition the Court Alternative Dispute Resolution Service, created in Title 4, section 18-B, for mediation services. The Court Alternative Dispute Resolution Service shall: [1999, c. 381, §2 (NEW).]
1. Mediator assignment. Assign a mediator who is knowledgeable in municipal management and municipal law;
[ 1999, c. 381, §2 (NEW) .]
2. Fee. Establish a fee for services in an amount not to exceed $175 for every 4 hours of mediation services provided;
[ 1999, c. 381, §2 (NEW) .]
3. Mediation schedule; notice. Establish the mediation schedule, ensure that proper notice is provided to all parties and ensure that the parties necessary for effective mediation are participating; and
[ 1999, c. 381, §2 (NEW) .]
4. Mediation report. Upon the completion of the mediation effort, file a written report with the joint standing committee of the Legislature having jurisdiction over state and local government matters. The report must provide the details of the mediation effort and any mediated agreement. In the event that the mediation effort does not result in the resolution of all issues, the mediation report must indicate to the extent possible what issues remain unresolved and why the parties failed to reach a mutually agreeable resolution of the dispute.
[ 1999, c. 381, §2 (NEW) .]
SECTION HISTORY
1999, c. 381, §2 (NEW).