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Land Use Mediation

Using Mediation to Solve Land Use Disputes

· mediation,oregon land use,land use law

By: Will Van Vactor

Resolving a land use dispute through the normal administrative and appeal processes can be expensive and time-consuming. In some land use cases, though, mediation can offer a way to resolve disputes in less time and for less money.

The types of land use cases that can be mediated vary. Some examples include:

  • development applications
  • comprehensive plan and development code amendments, and
  • cases that are in litigation.

Not every case is right for mediation, though. Some cases involve too many issues and too many parties, so that reaching a universal agreement is not possible. For example, perhaps the developer and opponents believe there is a way to resolve the problem, but the local government is concerned about complying with substantive and procedural rules and is unwilling to enter an agreement that skirts those rules.

Moreover, because mediation is a voluntary, informal process, it only works when all parties agree to participate in good faith. In some cases, one party may have a significant advantage, perhaps due to financial resources, legal leverage, or political support. However, if all parties see that there is something to gain from meditation (like money, time, political capital, etc.), the case may be right for mediation.

The benefits of mediation can be many, including:

  • cost and time savings,
  • mutually beneficial resolution (often through creative problem solving),
  • improved community relationships (for the local government and developer), and 
  • opportunity to focus on needs and interests of the parties, not just their respective legal positions. 

If you are not sure whether mediation is right for your case, talk to your land use attorney.

DISCLAIMER

The information on this blog is for general informational purposes only and is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Nothing on this site should be taken as legal advice for any individual case or situation. This blog should not be used as a substitute for competent legal advice from an attorney licensed to practice law in your state.

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