Mediation, Negotiation, and Facilitation

Question 1

Alternatives to Court Actions

Answer 1

mediation, negotiation, and arbitration

Question 2

Negotiation

Answer 2

involves discussion to reach an agreement. usually results in a memorandum of agreement but it is generally not legally binding

Question 3

Mediation

Answer 3

Involves a third party, but it is non-binding. Mediation can complement public engagement methods like design charrettes. It is a pre-step, before a project reaches the public hearing stage. The idea is to involve a neutral, trained third party to find a solution to a contentious issue. Mediators are trained to make sure people feel heard, discover the parties’ true interests (not just their stated positions), and manage emotions. Mediation starts with everyone agreeing to a set of ground rules. The mediator guides the conversation.

Mediation is most appropriate when maintaining ongoing relationships is important, emotions are high, issues are complex, and often not stated explicitly, and novel solutions (as permitted by law) are useful. it works well in cases involving nonconforming uses, small infill, or business applications that require a conditional use permit. It works well in cases of NIMBY opposition. The zoning or planning board needs to have some leeway in decision making.

Mediation complements the traditional zoning process. the zoning or planning board maintains full control of the process, but receives proposals that are less combative. Research has show that mediation can be a signiciant savings in time and cost. lawsuits and appeals are minimized. Even if no agreement is reached, mediation can reduce the contentiousness of a debate.

Question 4

Arbitration

Answer 4

A third party determines a resolution (or “award”), which is legally binding.