Los Gatos Municipal Code Div. 5 Resolution of Non-Rental Dispute

This division is provided to enable tenants and park owners to resolve disputes when there is no concurrent issue concerning increase in or the amount of rent. If at any time while the non-rental dispute remains unresolved there is a rent dispute, then the non-rental dispute issues shall be resolved separately in accordance with this section and shall not be consolidated with the rent dispute proceeding.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02)

(a) Notice of objection. One (1) or more tenants, or the mobile home park owner, may at any time file a written objection with the other, as to maintenance, capital improvement, housing services, or any other concern related to the physical condition or habitability of the mobile home park.

(b) Informal meeting. Within ten (10) days after service of the written objection from a tenant, the mobile home park owner shall set a time and place for a meeting to be held on the mobile home park premises, giving the tenant at least seven (7) days' notice of the time and place. In the case of a written objection filed by the park owner, a time and place for discussion shall be set forth in the notice. The purpose of this meeting shall be to allow the parties the opportunity to resolve any differences they may have concerning non-rental disputes. The meeting may be continued to another time and place agreeable to the parties. The parties may agree to consolidate more than one (1) notice of objection in the same discussion.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 1973, § XVII, 5-2-94; Ord. No. 2103, § I, 9-15-02)

If the informal meeting does not resolve the dispute to the satisfaction of both parties, the dissatisfied party or parties may, within ten (10) days of the date of the meeting, file with the Town's agent a petition for conciliation. Conciliation in this sense is limited intervention in the dispute, using letters and telephone and personal conversation to attempt to explain to each party the position of the other and to urge rational agreement. If the Town's agent determines after a reasonable time that conciliation is not likely to resolve the dispute, it shall notify the parties in writing.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02)

(a) Petition for formal mandatory mediation. Within ten (10) days of notice of failure of conciliation from the Town's agent, either party may file with the Town's agent a petition for mediation of non-rent dispute.

(b) Assignment of mediator and hearing date. Upon receipt of a petition for mediation, the Town's agent shall assign a mediator. The Town's agent shall set a date for mediation hearing no sooner than ten (10) nor later than thirty (30) days after the mediator is assigned. The parties shall be notified in writing by the Town's agent of the date, time, and place of the mediation hearing which shall be set to maximize the convenience of the parties.

(c) Mediation.

(1) Introduction and opening statement. The mediator will introduce themselves, identify all attendees, circulate a sign-in sheet, and briefly explain the mediation process. The explanation will include any ground rules to be observed. The rules of confidentiality will also be explained, as well as the exceptions to confidentiality noted below for any agreement reached or in the event of impasse. The parties will be asked to sign a confidentiality agreement.

(2) Presentation by the parties. The parties will be given full opportunity to present any documents or verbal statements which they chose to submit on those issues which the parties desire to discuss. The parties will be encouraged to make comments which are clear, concise, and relevant. All parties in attendance will be given their turn to make presentations.

(3) Private sessions. At any point in the process that the mediator believes it would advance the process, the mediator may meet separately in a caucus with the parties. The mediator will notify all participants that statements made in the caucus are confidential and will not be disclosed to the other parties, unless given permission to do so by the relevant party during the caucus meeting.

(4) Voluntary agreement. If the parties arrive at a voluntary agreement, the mediator will summarize the resolution on a written agreement form, to be signed by all relevant parties and the mediator. The resulting agreement will not be confidential, unless all parties agree in writing that the agreement will remain confidential.

(5) The parties and the mediator are encouraged to conclude the mediation in one (1) session, but if the mediator in the mediator's discretion concludes that an additional session will be helpful to resolution, and the parties agree to attend an additional session, an additional session will be scheduled.

(6) In the event of any impasse between the parties on the terms of a voluntary agreement, the mediator will seek to reach an agreement between the parties on the list of issues remaining to be decided by binding arbitration.

(7) In the event of impasse, the mediator will notify the Town's agent within five (5) days of the hearing. The notification will be held by the Town or its agent as a confidential document and will contain only the following information, said information being deemed an exception to the rule of confidentiality:

a. Identification of all attendees;

b. A statement that impasse was reached;

c. If applicable, any agreement by the parties which defines the issues to be subject to binding arbitration.

(8) If a subsequent binding arbitration is held, that hearing shall be conducted on a de nova basis without any reference to, or utilization of any content of the mediation hearing by any party to the arbitration, except as limited elsewhere in the applicable ordinance or regulations. If the parties have reached agreement on the issues to be determined by the arbitration hearing, the arbitrator shall be bound by that agreement. In the absence of an agreement between the parties listing the issues, the arbitrator shall determine the issues to be decided.

(d) Arbitration:

(1) If the mediation process fails to resolve the dispute, any party to the case may request arbitration by filing a written request for arbitration with the Town's agent. Said request must be filed within thirty (30) days of the declaration of impasse by the mediator, or if mediation is waived by the parties, within sixty (60) days after the initial filing of the petition.

(2) Once a timely written request for arbitration has been received, the arbitration process shall be governed by the arbitration provisions of sections 14.85.145 through 14.85.165 of this article.

(Ord. No. 1917, § I, 10-19-92; Ord. No. 2103, § I, 9-15-02; Ord. No. 2320, § III, 9-7-21)