36-70-25.2. Nonbinding arbitration process.

As used in this Code section, the term “affected municipality” means the county seat and each municipality of at least 500 persons.#

1. (1)

   After completing the mediation process required by Code Section 36-70-25.1, but prior to the 180 days following the initiation of the process under this article, the county and any affected municipalities with outstanding disagreements related to the service delivery strategy may elect to begin nonbinding arbitration in an attempt to resolve only such outstanding disagreements.#

2. (2)

   Evidence presented as part of any such nonbinding arbitration shall be limited to information included in the written proposals required by Code Section 36-70-22.1 and any written documentation associated with the required mediation conducted pursuant to Code Section 36-70-25.1.#

3. (3)

   Within 15 days of the conclusion of the evidentiary phase of the nonbinding arbitration, the arbitrator shall issue to the parties its written decision, which shall be considered a public record and subject to disclosure pursuant to Code Section 50-18-71.#

1. (1)

   The costs of the arbitration process undergone pursuant to this Code section shall be shared by the parties to the arbitration pro rata based on each party’s population according to the most recent United States decennial census with the county’s population including only the unincorporated population of the county.#

2. (2)

   Notwithstanding the provisions of paragraph (1) of this subsection, if the arbitrator issues a written determination that any party or parties advanced a position that lacked substantial justification, which shall mean substantially frivolous, substantially groundless, or substantially vexatious, the costs shall be borne by such party or parties that advanced such position.#