The new Panacea? An evaluation of mediation as an effective method of dispute resolution in planning appeals: Fid-Bau Portal

The new Panacea? An evaluation of mediation as an effective method of dispute resolution in planning appeals

Stubbs, M. D.

The planning systems of New South Wales and England and Wales have in recent years been the subject of procedural and organizational reforms of their respective appeal jurisdictions. In New South Wales one notable reform has been the introduction of mediation as an alternative means of settling appeal disputes. This paper will examine the workings of both appeal systems and will seek to assess the introduction of recent reforms within each jurisdiction. A series of evaluative criteria is presented, drawn from previous research in this area. In seeking to assess the potential suitability for the importation of mediation into the appeal system in England and Wales such evaluative criteria are tested against the findings of a research project undertaken in Australia. Conclusions are presented which weight the potential volume of appeals considered suitable for a mediated settlement against the less tangible future benefits of reducing adversarial attitudes within the planning system.