Mediating Planning Disputes: Opportunities, Experiences, and Challenges

Abstract

There is no dearth of academic research into the apparent benefits of mediation as a tool for the resolution of planning disputes. Several eminent lawyers have proffered their support for the use of this alternative dispute resolution mechanism within the UK planning system. Furthermore, formalized mediation regimes have been introduced into the respective planning systems of a number of international jurisdictions, with apparent success; for example, in Australia, 34% of all planning disputes are now resolved via a form of mediation. Notwithstanding this apparent evidence base, in England and Wales, a substantial number of property developers, local authorities, and planning professionals continue to believe that mediation is not useful or appropriate as a mechanism for resolving planning disputes and, despite early indications that a formalized mediation regime would be developed and adopted in England and Wales, to date no such regime has been implemented. This paper seeks to examine through black-letter analysis and semistructured interview why this apparent mediation paradox continues to exist and critically evaluates whether or not there does indeed exist a business case for the introduction of a formal mediation regime within the UK planning system.