Mediation

§ 39-a. Mediation. 1. Where, pursuant to paragraph (a) of subdivision
three of section thirty-nine of this article, the chief administrator of
the courts determines that a political subdivision has ceased or failed
during a state fiscal year to provide goods, services and facilities of
a specified value, he or she may not notify the state comptroller of his
or her determination in accordance with such paragraph unless the chief
executive officer of the affected political subdivision is first
notified thereof and provided a period of thirty days in which to
request mediation in accordance with subdivisions three and four of this
section. Where mediation is so requested, the chief administrator may
only notify the state comptroller of his or her determination, pursuant
to paragraph (a) of subdivision three of section thirty-nine of this
article, under the circumstances set forth in subdivision four of this
section.

2. In the event that the court facilities capital review board
determines not to approve an assessment and plan submitted by the chief
executive officer of a political subdivision pursuant to section sixteen
hundred eighty-c of the public authorities law, or the board fails to
act upon such assessment and plan within sixty days of submission
thereof to the board and the chief administrator disapproves the
assessment and plan, the chief administrator shall consult with such
chief executive officer in an effort to resolve any matters in dispute,
and shall, if the chief executive officer so requests, request mediation
in accordance with subdivisions three and four of this section.

3. Mediation shall consist of expedited proceedings to effectuate the
voluntary resolution of any dispute between the court facilities capital
review board and a political subdivision concerning approval of a
capital plan pursuant to section sixteen hundred eighty-c of the public
authorities law or the chief administrator's determination pursuant to
paragraph (a) of subdivision three of section thirty-nine of this
article. The mediator shall be appointed by agreement of the chief
administrator and the chief executive officer of the affected political
subdivision from a list of mediators submitted by the American
Arbitration Association.

4. In mediating the dispute, the mediator shall take into
consideration, in addition to any other relevant factors, the political
subdivision's legal obligation under section thirty-nine of this article
to provide goods, services and facilities suitable and sufficient for
the transaction of business, and the financial ability of the political
subdivision to pay for the goods, services and facilities in light of
the totality of its needs and the resources available. In the event the
chief administrator and the chief executive officer of the political
subdivision fail to achieve agreement within ninety days after
commencement of the mediation, or such longer period as they may agree
upon, the chief administrator may notify the state comptroller as
provided in paragraph (a) of subdivision three of section thirty-nine of
this article provided:

(a) mediation was requested pursuant to subdivision one of this
section, or

(b) mediation was requested pursuant to subdivision two of this
section and at least twenty-four months have elapsed since the effective
date of this section.