(1) Situation assessment is a procedure of information collection that may involve review of documents, interviews and/or an assessment meeting leading to a written and/or verbal report identifying: the issues in dispute; the stakeholders; information needed before a decision can be made; and a recommendation for appropriate dispute resolution procedures.

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Terms Used In Florida Regulations 29L-7.002

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
    (2) Facilitation is a procedure in which a neutral party helps the 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.
    (3) Mediation is a procedure in which a neutral party assists disputing parties in a negotiation process to explore their interests, develop and evaluate options, and reach a mutually acceptable agreement without prescribing a resolution. 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.
    (4) 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 fact-finding, neutral evaluation, and/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.
    (5) Jurisdiction is any local government or regional agency, including special districts, authorities or school boards.
    (6) Named party shall be any jurisdiction, public or private organization, group or individual who is named in an initial request, including the initiating jurisdiction, or is admitted by the named parties to participate in settlement of a dispute pursuant to subsections 29L-7.003(1) and (2), F.A.C.
    (7) Representative is an individual or team who is appointed or authorized to act and given guidance by a named party to represent them in a RDRP case. subsection 29L-7.003(3), F.A.C., sets forth the designation process.
    (8) Request letter is a letter from a jurisdiction formally identifying a dispute and asking named parties to engage in this process to resolve the dispute. Fl. Admin. Code R. 29L-7.010, specifies what must be included in a request letter.
    (9) Response letter is a letter that 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.
Rulemaking Authority 120.53(1), 163.01, 186.505(1) FS. Law Implemented Florida Statutes § 186.509. History-New 3-29-94.