A. For any claim other than a breach of contract or claims for additional cost or time relative to the performance of any contract for which the contractual remedy has not been exhausted, the city attorney may determine that the process of alternative dispute resolution should be employed, in which case the city attorney shall acknowledge, in writing to the claimant, receipt of the claim and give notice that the alternative dispute resolution procedures must be complied with. The city attorney shall then refer the claim to either the city volunteer mediation service, a private mediation service, or the State Attorney General’s Mediation Office. The city attorney may also stipulate with the claimant to use any other alternative dispute resolution mechanism.

B. The mediation service, to which the claim is referred, shall set a mediation meeting at a time convenient to the parties, but no later than 60 days of the receipt of referral from the city. Written notice of the mediation hearing date shall be provided to both parties and to the claimant by first class mail.

C. The parties shall meet at the appointed time as scheduled. The city shall be represented by a person with knowledge and understanding concerning the claim.

D. Any agreement developed during the mediation shall be submitted to the city manager who may, in his discretion, consummate a final settlement of the claim if it falls within the parameters of his settlement authority as set forth in SCC 3.10.040, or if not, the proposed settlement agreement shall be submitted to the city council for approval.

E. Upon agreement of the parties, mediation may be continued for more than one session if the need exists.

F. The mediator shall issue a written final decision or notice of disposition at the conclusion of the mediation, including, in the event the parties do not reach agreement in resolving the claim, notice that the claim is unresolved and is, therefore, presented to the city for action pursuant to A.R.S. Section 12-821.01(A) and (E). The time frame set out in A.R.S. Section 12-821.01 for giving notice of a potential claim and initiating suit shall run from the date a final decision or notice of disposition is issued at the conclusion of mediation. In the event the parties are not able to agree to a resolution of the dispute during mediation the claimant may proceed as provided for in A.R.S. Section 12-821.01. [Code 2006 § 3-7-3. Ord. 99-04, 3-9-1999; Ord. 2017-03 § 1, 2-14-2017; Res. 2017-07 Exh. A, 2-14-2017].