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:
APPLICANT
An individual with an application pending before a board of authorized
jurisdiction.
BOARD
The Town Board, Planning Board or Zoning Board of Appeals of the
Town of Guilderland.
COURT
The Guilderland Town Court.
MEDIATION
A voluntary and nonadversarial process where a mediator assists parties
of interest in resolving disputes, improving communication or decreasing the
likelihood of future conflicts.
MEDIATOR
An individual who is certified pursuant to the guidelines of the
New York State Unified Court System to conduct mediations.
NEIGHBOR
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.
PARTIES OF INTEREST
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.
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.