1. Parties to proceedings authorized in this chapter may utilize mediation as an aid in completing such proceedings. The Zoning Hearing Board shall neither initiate mediation or participate as a mediating party in any proceedings pending before the Zoning Hearing Board. Mediation shall supplement, not replace, those procedures in this chapter once said procedures have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting Township police powers or as modifying any principles or substantive law.
2. Participation in Mediation shall be Wholly Voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Township shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
A. Funding mediation.
B. Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
C. Completing mediation, including time limits for such completion.
D. Suspending time limits otherwise authorized in this chapter, provided there is written consent by the mediating parties and by an applicant or Township decision-making body if either is not a party to the mediation.
E. Identifying all parties and affording them the opportunity to participate.
F. Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
G. Assuring that mediation solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in the other sections of this chapter.
3. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
