Fla. Admin. Code Ann. R. 29A-3.002 - Definitions
(1) "Situation assessment" is a procedure of
information collection that may involve review of documents, interviews and an
assessment meeting leading to a written or verbal report identifying: the
issues in dispute; the stakeholders; information needed before a decision can
be made; and a recommendation for appropriate dispute resolution
procedures.
(2) "Pre-initiation
meetings" are opportunities for a party to discuss the suitability of the RDRP
with the RPC staff for resolving their dispute before formally initiating the
RDRP.
(3) "Facilitation" is a
procedure in which the facilitator helps the parties design and follow a
meeting agenda and assists parties to communicate more effectively throughout
the process. The facilitator has no authority to make or recommend a
decision.
(4) "Mediation" is a
procedure in which a neutral party assists disputing parties in a negotiation
process to explore their interests, develop and evaluate options, and reach a
mutually acceptable agreement without prescribing a resolution. A mediator may
take more control of the process than a facilitator and usually works in more
complex cases where a dispute is more clearly defined.
(5) "Advisory decision-making" is a procedure
aimed at enhancing the effectiveness of negotiations and helping parties more
realistically evaluate their negotiation positions. This procedure may include
record-keeping, neutral evaluation, or advisory arbitration in which a neutral
party or panel listens to the facts and arguments presented by the parties and
renders a non-binding advisory decision.
(6) "Jurisdiction" is any local government or
regional agency, including special districts, authorities or school
boards.
(7) "Named party" shall be
any jurisdiction, public or private organization, group or individual who is
named in an initiation letter, including the initiating jurisdiction, or is
admitted by the named parties to participate in settlement of a dispute
pursuant to subsections
29A-3.003(1), (2) and
(3), F.A.C. Being a "named party" in the RDRP
does not convey or limit standing in any judicial or administrative
proceeding.
(8) "Representative" is
an individual who is given guidance and authority to act, to the extent
possible, by a named party in a RDRP case. Subsection
29A-3.003(4),
F.A.C., sets forth the designation process.
(9) "Initiation letter" is a letter from a
jurisdiction formally identifying a dispute and asking named parties to engage
in this process to resolve the dispute, and, at a minimum, attend the initial
settlement meeting. Subsection
29A-3.010(2),
F.A.C., specifies what must be included in an initiation letter.
(10) "Response letter" formally notifies the
initiator and other named parties that a party is willing to participate in the
RDRP and, at a minimum, attend at least one settlement meeting. Subsection
29A-3.010(3),
F.A.C., specifies what must be included in a response letter.
(11) "Settlement agreements" may be
voluntarily approved by the individual or governing body authorized to bind the
named party. Agreements may take the form of memorandums of understanding,
contracts, interlocal agreements or other form mutually agreed to by the
signatory parties or as required by law. A settlement may be agreed to by some
or all of the named parties.
Notes
Specific Authority 186.509 FS. Law Implemented 186.509 FS.
New 11-13-94.
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