San Diego Municipal Code Div. 11 Mediation

(“Mediation” added 8–10–1993 by O–17956 N.S.)

The Council finds there is a need for mediation and other forms of dispute resolution as a means to gain compliance with provisions of the San Diego Municipal Code and applicable federal and state codes. The Council further declares that public policy facilitation can be an effective technique to avoid disputes by developing consensus amongst stakeholders on controversial issues. Both mediation and facilitation can often resolve disputes in a more efficient and effective manner without the necessity of more formal administrative action or litigation. The Council further finds that mediation and facilitation can foster better relations among and with the citizenry of San Diego and enhance the reputation of the City. (“Declaration of Purpose” added 8–10–1993 by O–17956 N.S.)

For purposes of Division 11, the following definitions shall apply:

“Enforcement Case” means any complaint or case on file with a City Department that
involves alleged violations of the Municipal Code or applicable provisions of state or
federal law.

“Disputing Party” means any person responsible for alleged violations, interested or
involved citizens who may have complained to the City about the alleged violations,
crime victims and appropriate representatives from the City Department.

“Facilitation” means a process whereby a neutral third party conducts one or a series
of meetings or sessions between and amongst relevant Stakeholders to a particular
dispute or controversial issue or policy with the purpose of improving communication
and developing consensus about possible solutions.

“Mediation” means a meeting between or among disputing parties to clarify their
differences and design their own mutually acceptable agreement, with the assistance
of a Mediator.

Ch. Art. Div.
1 2 11 1

San Diego Municipal Code Chapter 1: General Provisions (6-2000)

“Mediator” means a neutral third party who has received at least 25 hours of mediation training from a reputable mediation program recognized by the City of San Diego.

“Referring Agency” means a Director of a City Department, the City Manager, the City Attorney or one of their designees.

“Stakeholder” means any person or organization or association that is directly affected by a particular issue or policy. (“Definitions” added 8–10–1993 by O–17956 N.S.)

The Referring Agency may refer Enforcement Cases and other types of disputes and controversies to a neutral third party to schedule and coordinate a Mediation or Facilitation as may be appropriate. (“Procedures” added 8–10–1993 by O–17956 N.S.)

All documents and results related to Mediations and Facilitations held pursuant to this Division shall be kept confidential in any subsequent administrative or judicial proceeding. The provisions of California Evidence Code Sections 1152 and 1152.5 and other laws pertaining to confidentiality and disclosure shall apply to Mediations and Facilitations held pursuant to this Division. (“Confidentiality” added 8–10–1993 by O–17956 N.S.)

Failure by any of the Disputing Parties to participate in a Mediation or to comply with the terms of the Mediation agreement does not preclude any of the parties from pursuing further administrative or legal action as provided by law. (“Enforcement” added 8–10–1993 by O–17956 N.S.)

Ch. Art. Div. 1 2 11 2

San Diego Municipal Code Chapter 1: General Provisions (6-2000)