Laserfiche WebLink
HAYASHI:Commissioner Graham? <br />GRAHAM:Aye. <br />HAYASHI:Chair Fujikawa? <br />FUJIKAWA:Aye. <br />HAYASHI:Motion carries. <br />FUJIKAWA:Okay, Mr. Vitousek. <br />VITIOUSEK:Thank you. My second request to the Commission is a little bit <br />unusualandmaybe,atleastinmyexperienceit€sunusual.ButwhatI€dliketorequestis <br />that the Commission do a formal or semi-formal referral to mediation. In other words, <br />you know, this is the type of matter given the parties that mediation may be a fruitful <br />thing. And very often in court, you know, the Judge has the authority to refer a case to <br />mediation. A mediation isn€t binding in any way; but it€s just asking the parties to make <br />a sincere effort at mediation on a short time frame at no expense to the Commission. In <br />other words, we€re not asking the Commission to hire a mediator or anything; but <br />essentially to give a direction to the parties, to all the parties, to participate in a mediation <br />session before the first contested case hearing. And, you know, as I€m saying, it€s not <br />binding, it€s not evidentiary. In other words, if there€d be an agreement to what we say in <br />mediation, it doesn€t get to be in evidence in the contested case. But I just think the <br />weight of authority of the Commission in asking the parties to participate in this stage <br />like that would be helpful; and it€s kind of a case that€s kind of, you know, appropriate <br />for that, I would hope. <br />So that€s my request, request to be, that the Commission request or direct the parties to <br />participate in a mediation session no more than, not required to participate more than one <br />day, no expense to the Commission. Thank you. <br />FUJIKAWA:Planning Director, Mr. Yuen, will you respond to that? <br />YUEN:I have no problem with the Commission taking a vote on whether <br />to recommend that to the parties. That€s all it would be, is a recommendation. We can€t <br />force people to engage in mediation. It€s a voluntary effort. I would, on the <br />Department€s side though, since it has been taking us some time to get our contested <br />cases going because of procurement law problems, we would simply go ahead because of <br />the mediation. It wouldn€t change the time frame. <br />VITOUSEK:Good. Thank you. That€s what we€re asking. We don€t want to <br />change the time frame. We€d like to move quickly. Thank you. <br />FUJIKAWA:Okay. <br />24 <br /> <br />