Friday, August 12, 2005

Should Oscar the Grouch Mediate This One?

Maybe he has subject matter expertise! According to this article in the Navhind Times, the absentee mediator in this dispute is “the government” – specifically, where should the capital city garbage be dumped [i.e., where should the landfill be located] – not surprisingly the attitude is, you know, not in my backyard. So, how about mediation? In Florida we actually have a statute which is designed to resolve intergovernmental disputes, Chapter 164, Florida Statutes. The process is interesting. Take a look at the prerequisites for the mediation conference and also the duty to negotiate and the obligation to participate in the process in “good faith” [How, and by whom, is that measured?] as well as the consequences for not doing so [F.S. 164.1055 and F.S. 164.1058, for example].

I know, it’s a lot to read but the statute adds twists [some good and some, well, not so good] to the process!

Have a nice weekend!

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