Mediation is the confidential meeting between people who have a disagreement, and a trained, neutral mediator who guides a discussion of issues toward a mutually acceptable agreement. Through this process, the mediator(s) asks for both sides to communicate directly with one another and offers a rare opportunity to be creative in coming up with solutions. The final agreement is not legally binding and cannot be used in court. Mediators are not judges, but work with both parties to help determine a long term, mutually beneficial solution.
General Dispute cases relate to issues such as, but not limited to; blocked views, property line location, overhanging trees and/or root damage, fencing or other structures typically not regulated by the City. Resolution No. 2015-58 adopted by the City Council on December 9, 2015 establishes the provisions for the voluntary general dispute mediation program.
Land Use/Development Cases are where citizens and project applicants are able to mediate any remaining issues following the approval of a private development project. The mediation program would be voluntary and offer an opportunity for the parties to resolve outstanding differences prior to initiation of a formal City Council appeal process. Ordinance No. 2015-16 adopted by the Council on January 13, 2016, adds Chapter 1.10 to the Encinitas Municipal Code which includes provisions for voluntary land use development project mediation program.
The City has retained National Conflict Resolution Center (NCRC) to provide the mediation services for the program. All costs for general dispute cases are paid by the City. All costs for NCRC mediation services associated with land use/development cases shall be paid by the project applicant; the applicant would enter into an agreement directly with NCRC. Additionally, for land use/development projects, if mediation is conducted, and an appeal is withdrawn, or if a party ultimately prevails on appeal, the appeal fee will be refunded.
To request mediation or for more information please contact:
Marianne Buscemi, Code Enforcement Manager
Development Services Department/Planning Division
505 S. Vulcan Avenue
Encinitas, CA 92024
General Dispute Mediation Request Form
Land Use/Development Mediation Request Form
April 26, 2017 - Resolution 2017-36 - Approval for continuation of Mediation program
April 26, 2017 - City Council Agenda Report - Report of results on one year Mediation pilot program
January 13, 2016 - City Council Agenda Report - Adoption of Mediation program
December 9, 2015 - City Council Agenda Report - Public Hearing for Mediation program
Contract for Professional Services between the City of Encinitas and NCRC