Administration | Land Use Mediation Program
may participate through a single representative designated or approved by them unless the mediator determines that individual participation will facilitate the making of a mediated agreement.
b. If the persons seeking mediation appear to represent substantially all of the persons likely to be affected by or interested in the matters proposed for mediation; c. Will the proposed mediation, if successful, be likely to expedite final action on the underlying application or appeal; d. Are the costs to the proposed parties to the mediation, as well as to other parties and interested persons, likely to be reduced if the mediation occurs; e. The timeliness of the request for mediation and the effect that granting the request would have on previously established schedules of other parties, interested persons, and the office of the hearing examiner; f. The probability of participation by City staff in the mediation process, if such participation appears necessary to accomplish the purpose of the proposed mediation; and g. Such other facts or circumstances as bear upon the purposes and objectives of the office of the hearing examiner and these rules.
G. When mediation may occur
1. As a Matter of Right.
Mediation is available as a matter of right upon agreement by all parties to the proceeding to address through mediation all issues in dispute. Mediation shall also be approved as a matter of right upon agreement by all parties to mediate any one or more (but not all) issues in dispute; provided, that the agreement to engage in mediation is executed and filed with the community development director 14 or more days prior to the scheduled opening of the hearing.
2. At the Community Development Director’s Discretion.
Mediation may be approved by the community development director if any party, and any one or more other parties or interested persons with an opposing position, agree to mediate any substantial issue in dispute. In acting upon a request to approve a partial mediation, the community development director shall consider, to the extent applicable, the following factors: a. Whether the issue(s) to be mediated affects primarily the private interests of the parties to the proposed mediation or is a matter of public interest;
H. Time of mediation
Mediation should normally be accomplished within a half day, and rarely exceed a full day, unless additional information or expertise that is not available that day is identified by the mediator as necessary to a successful mediation. Unless otherwise agreed by all parties to the mediation, as well as all parties to the pending proceeding and the community
648 | Title 21: Sammamish Development Code
Effective | January 1, 2022
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