Next Key Club destination: mediation

Four years of debate, 22 public town hearings, three circuit court challenges and 40 minutes before the 2nd District Court of Appeals.

That’s what has happened since the Longboat Key Club and Resort announced its Islandside renovation-and-expansion plan in April 2008.

But, now, the parties have reached an agreement in some sense.

The Key Club, Islandside Property Owners Coalition and the town (which is involved because it seeks to defend the Longboat Key Town Commission’s development order approving the plan) have agreed to mediation.

The decision comes as the parties await a decision by the 2nd District Court of Appeals in the Key Club and town challenge of a ruling that granted IPOC and the L’Ambiance and Sanctuary condominium associations a writ of certiorari in their challenge of the Key Club project.

John Patterson, attorney for the Key Club, said that the parties have not attended prior formal mediation.

“Other than that, I really can’t comment,” he said. “Once you agree to mediation, everything is confidential.”

IPOC attorney Michael Furen echoed a similar sentiment.

“We’re not going to comment beyond the release,” he said, referring to a prepared statement sent out by the parties on Friday.

Town Attorney David Persson said that the parties agreed to enter into mediation as the result of a discussion that occurred between Key Club and IPOC representatives.

“I think it’s a very intelligent thing for the parties to be doing right now,” he said.

Ed Ford, a Florida Supreme Court-certified mediator who is not involved with the Key Club case, said that, typically, mediation that results in settlement would dispose of litigation, and the parties would be bound by the mediation settlement.

According to Persson, if a settlement occurs that involves changes to the development order approved by the commission, a public hearing before the commission would take place.

“At the end of the day, they (the parties) make up the outcome rather than have a judge or jury decide it,” he said.

Mediation is scheduled for Wednesday, July 18, in Clearwater, with retired Pinellas-Pasco Circuit Judge George Greer, a certified court mediator who was mutually selected by the parties.

When told of specifics about the Key Club case, including the 22 public hearings leading up to its approval and the writ of certiorari ruling, Ford was doubtful that it could be resolved in a day.

“It’s a process, not an event,” he said, describing mediation. “Sometimes, it goes on for multiple days, if not months.”

Ford said that mediation is set up to provide a setting in which parties can speak candidly. The proceedings aren’t recorded, and no court reporter is present.

“It’s geared to be an open forum where you don’t have to worry about the things you say being used against you,” he said. “That is a very advantageous thing.”