Project #50143 - mediation

1. Write a paragraph or two describing the difference between a Mediated Agreement and an Agreement to Mediate.

 

2. Read the following scenario and answer the following:

 

a. Is this a Mediated Settlement Agreement? Why or Why not?

 

b. If it is not a Mediated settlement Agreement please rewrite it in the format of a mediated agreement.

 

 

Agreement

This agreement is made this 11th day of November, 1998, by and between the MORAN PRAIRIE NEIGHBORHOOD ASSOCIATION, a Washington non-profit corporation, hereinafter referred to as the "Association," and Cheryl Gwinn, an individual, hereinafter referred to as "Gwinn," and CEDAR BUILDERS, INC., a Washington Corporation, hereinafter referred to as "Cedar Builders." ...

 

On September 21, 1998, Cedar Builders received approval from the Spokane County Hearing Examiner for the Project (Spokane County Planning File No. ZS-28-98). On October 1, 1998 the Association and Gwinn appealed this approval to the Spokane County Board of County Commissioners. The appeal is pending.

 

The Association, Gwinn and Cedar Builders met on October 30, 1998 with the desire to settle their differences and avoid the expense and uncertainty of the appeal. The Association provided Cedar Builders with conceptual renderings ... . Reproductions of those drawings are attached hereto and incorporated herein by this reference. ...

 

The issues of concern which were presented by the Association to Cedar Builders were as follows: ...

 

Building heights relative to the close proximity of adjacent landowners totally eliminates adjacent landowner's views. (Exhibit C) ...

 

NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein the Association, Gwinn and Cedar Builders agree as follows: ...

 

That the project's maximum building height will not exceed 25 feet for the proposed commercial and office uses. It is understood that the peaks of gabled roofs and architectural accents, e.g. cupolas, may exceed 25 feet. ...

 

Upon acceptance by Spokane County of the Association's and Gwinn's withdrawal of their appeal as provided below, and upon notice by Spokane County that the appeal proceedings have been terminated, Cedar Builders agrees to contribute $10,000 to the Association. ...

 

The Association agrees to the general tenants of the conceptual site plan submitted by Cedar Builders, with the exception of the specific reservations expressed above. The parties agree that there will be no substantial deviations or variances from this site plan except as agreed to by both parties.

 

Cedar Builders agrees that the Association will be kept informed, and allowed to participate in all discussions with regard to any of the issues mentioned in this Agreement, up through the completion of the project. ...

 

If after the execution of this Settlement Agreement, the parties should be unable to agree as to any of the terms of this Agreement, Cedar Builders agrees to bring the dispute before the Board of the Association for discussion and clarification. If no resolution can be reached before the Board of the Association, the dispute will be brought before a certified mediator mutually agreed upon by both parties, the expense to be shared equally by Cedar Builders and the Association. ...

 

(Signed, November 12, 1998)

 

Susan K. Brudnicki, President (Moran Prairie Neighborhood Association)

 

Cheryl Gwinn

 

Richard Naccarato, President (Cedar Builders)

 

Subject Law
Due By (Pacific Time) 12/04/2014 12:00 am
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