Mediation is increasingly being used to deal with difficult land use disputes. A look at how land use mediation works and when it is most effective. Typically, conflicts are resolved through negotiation or through a commission making a decision and disappointed parties filing a lawsuit. Mediation is a new approach to resolving land use disputes that occur before a permit is issued or after litigation has commenced. This article will focus on mediation in the land use context - what it is, where it has been used, and how it can be used in your community.
Mediation is a voluntary, informal process of dispute resolution.
A person who is not a party to a dispute and is neutral in relation to it, assists two or more parties in settling a dispute. The mediator's role is to establish, with input from the parties, the negotiation process, and to assist the parties in resolving the substance of their dispute. The mediator does not function as a judge or arbitrator, and does not render decisions or make recommendations. Successful mediation processes often result in settlements or recommendations that include solutions which are different from those that were proposed by either party. For example, imagine a mediation occurring before a developer submitted an application for development approval.