29C-8.002. Definitions  


Effective on Tuesday, July 12, 1994
  • 1(1) SITUATION ASSESSMENT is a procedure of information collection that may involve review of documents, interviews and an assessment meeting to identify the issues in dispute, the stakeholders, information needed before a decision can be made, or a recommendation for appropriate dispute resolution procedures.

    45(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.

    73(3) FACILITATION is a procedure in which a neutral party, acting as a facilitator, helps the named 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.

    118(4) MEDIATION is a procedure in which a neutral party, acting as a mediator, assists named parties in a negotiation process in exploring their interests, developing and evaluating options, and reaching a mutually-acceptable agreement. 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.

    178(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 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.

    232(6) JURISDICTION is any local, regional, or state government or agency, including special districts, authorities and school boards.

    250(7) NAMED PARTY shall be any jurisdiction, public or private organization, group or individual which (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 29329C-8.003(1), 294(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.

    317(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 34329C-8.003(4), 344F.A.C., sets forth the designation process.

    350(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 38629C-8.010(2), 387F.A.C., specifies what must be included in an initiation letter.

    397(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 42929C-8.010(3), 430F.A.C., specifies what must be included in a response letter.

    440(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.

    500Specific Authority 502186.509 FS. 504Law Implemented 506186.509 FS. 508History–New 7-12-94.

     

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