Laserfiche WebLink
Section 8-3146 — Voluntary Mediation <br />(a) Voluntary mediation services shall be provided by the City. Upon request, <br />the Program Administrator shall appoint a Mediator and set a date for a mediation no <br />later than thirty (30) days after the acceptance of the subject Petition, unless the <br />Program Administrator determines that additional time is required under the <br />circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in <br />writing of the date, time, and place of the mediation hearing at least ten (10) days prior <br />to the mediation. This notice shall be served either in person or through ordinary mail or <br />electronic correspondence. <br />(b) It is the intent and purpose of mediation to provide a process in which <br />Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except <br />as otherwise expressly provided herein, there shall be no penalty or disability, either <br />civil or criminal, for failure to participate in the mediation process, and there shall be no <br />penalty, either civil or criminal, for failure to reach agreement with a disputant in the <br />mediation process. <br />(c) Mediation is a voluntary collaborative process wherein the Landlord and <br />Tenant(s) who have a disagreement can develop options, consider alternatives, and <br />develop a consensual agreement. The role of the Mediator is to facilitate open <br />communication to resolve a dispute in a non -adversarial and confidential manner. <br />(d) If the Landlord and Tenant agree to a resolution, the Mediator may assist <br />the parties in preparing a written settlement agreement for the signature of the Landlord <br />and the Tenant, provided that in doing so the Mediator confines the assistance to <br />stating the settlement as determined by the parties. Such agreement shall constitute a <br />legally enforceable contract. <br />(e) Should the parties fail to agree to a resolution, or the Mediator determines <br />that the parties have reached an impasse, the Mediator may refer the Petition back to <br />the Program Administrator to continue the Petition review process detailed in this <br />Division. <br />(f) All documents and results related to mediations and facilitations held <br />pursuant to this Article shall be kept confidential and shall be inadmissible as evidence <br />in any subsequent administrative or judicial proceeding. <br />(g) The Mediator and/or Program Administrator shall provide documentation and <br />translation services in the language that the Owner and Tenant used to negotiate the <br />terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as <br />well as English. <br />28 <br />