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Earlier editions: 2026-09

Title 27 — PROCUREMENT OF PUBLIC WORKS›Chapter 27.28 — DISPUTE RESOLUTION

San Jose Municipal Code Part 7 Facilitated Dispute Resolution

San Jose Municipal Code · 2026-10 edition · updated 2026-10-04 · San Jose

Cite as: San Jose Municipal Code Part 7 · Text as of 2026-10-04

27.28.330 - Facilitated dispute resolution.

If the Contractor requests a settlement conference in accordance with Part 6 of this Chapter 27.28 and the settlement conference does not resolve all the Claims, the Contractor may request the parties meet with a trained, neutral facilitator in an effort to reach a mutually agreeable resolution of the disputed Claim(s).

(Ord. 30540.)

Exceptions & meaning →

27.28.340 - Informal process.

A. Facilitated dispute resolution will be informal and non-binding, with each party having an opportunity to present its position and supporting information.

B. Recommendations resulting from facilitated dispute resolution are not admissible in court in any subsequent litigation.

(Ord. 30540.)

Exceptions & meaning →

27.28.350 - Selection and scheduling.

The City and Contractor will mutually agree on the scheduling of facilitated dispute resolution and the selection of a person to act as the facilitator.

(Ord. 30540.)

Exceptions & meaning →

27.28.360 - Costs.

The Public Works Contract will include appropriate provisions providing for the City and Contractor to share equally the costs of facilitated dispute resolution.

(Ord. 30540.)

Exceptions & meaning →

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