Land use mediation for planners

Tomain, Joseph P.

doi:10.1002/crq.3900070208

Cited by 3 publications

(4 citation statements)

References 5 publications

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“…Folberg and Taylor (1984) claimed that mediation resolves environmental disputes "far less expensively, in terms of time and money, than can litigation" (p. 220). Roehl and Cook (1985) and Tomain (1989) concurred. Compared to conventional conflict resolution channels in general, McCarthy and Shorett (1984), Blackburn (1988), and Gunton and Flynn (1992) claimed that environmental ADR results in faster resolution.…”

Section: Time Savingsmentioning

confidence: 92%

“…McCarthy and Shorett (1984) and Blackburn (1988) believed that environmental ADR is generally less costly than traditional methods. Susskind and Ozawa (1983), Kairow (1984) and Tomain (1989) all asserted that mediation is a more economical way to resolve environmental disputes than courts or tribunals. None of these sources offer empirical support for their claims.…”

Section: Time Savingsmentioning

confidence: 99%

“…For example, reported that participant satisfaction with mediation is typically about 75 percent. Environmental mediation is frequently credited with producing much higher levels of satisfaction with both the process and its outcome than litigation (Folberg and Taylor 1984;Kairow 1984), adjudication (Roehl and Cook 1989), arbitration (Brett and Goldberg 1983), and conventional processes in general (Amy 1983;Tomain 1989). 9 Only two empirical works address this issue.…”

Section: Participant Satisfaction With the Adr Process And Outcomementioning

confidence: 99%

“…According to Kubasek and Silverman (1988), environmental ADR obtains input into decisions from "all major interests" (p. 542). Other sources adopting this position include Kairow (1984), Tomain (1989), and Gunton and Flynn (1992). The fact that most of the sources making this claim do not explicitly address the issue of voluntary participation increases the risk of this study committing the logical error of straw man by challenging a different and stronger claim than has actually been stated in the literature.…”

Section: Participation Of All Stakeholdersmentioning

confidence: 99%

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Examining the Claims of Environmental ADR

Andrew¹

2001

Journal of Planning Education and Research

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The literature has established many claims concerning the effectiveness of alternative dispute resolution (ADR) in resolving environmental conflicts, with little empirical research to support them. Using data collected from 54 recent cases in which ADR was used to resolve waste management disputes in Ontario and Massachusetts, this study employs seven criteria of success to test empirically the validity of these claims. Although by some measures ADR has been quite successful in certain types of environmental conflicts, this study shows that it is hardly a panacea for resolving waste management disputes.

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Section: Time Savingsmentioning

confidence: 92%

Section: Time Savingsmentioning

confidence: 99%

Section: Participant Satisfaction With the Adr Process And Outcomementioning

confidence: 99%

Section: Participation Of All Stakeholdersmentioning

confidence: 99%

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Examining the Claims of Environmental ADR

Andrew¹

2001

Journal of Planning Education and Research

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The Political Economy of Environmental Conflicts: An Analytic Framework

Modavi

1991

International Journal of Conflict Management

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This discussion forwards a political economy framework for the analysis of the role and impact of political intervention on the process and outcome of environmental conflicts. The proposed analytic approach, advocated by the class‐centric state perspective, focuses on the economic roots of political action in conflict situations. The paper provides a critique of the existing analytic approaches to conflict analysis. The paper also offers a brief account of Hawaii's land use policy and history of land‐related environmental conflicts to illustrate the potential of the political economy approach.

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Alternative Forums for Citizen Participation: Formal Mediation of Urban Land Use Disputes

Allor

1993

International Journal of Conflict Management

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Among the recurrent concerns of urban planners and administrators is the institutionalization of an inclusive, equitable, and effective process of citizen participation. Such is required not only as matter of law but also as instrument of social cohesion. The great majority of urban conduct is a function of voluntarism, consensus, and accommodation. In earlier decades, informal social processes facilitated reconciliation. In more recent decades, formal processes of citizen participation have yielded frustration. For the present decade, both literature and practice suggest a shifting of citizen participation processes toward mediation alternatives. While increasingly popular, all mediation alternatives carry three troublesome concerns: definition of interested parties, openness to information, and role of the public mediator. Unless such alternatives are seen as more inclusive, equitable and effective, they will fail to win social acceptance, leading to increasing community distrust and frustrating the ability to effectively plan and govern urban communities.

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Land use mediation for planners

Cited by 3 publications

References 5 publications

Examining the Claims of Environmental ADR

Examining the Claims of Environmental ADR

The Political Economy of Environmental Conflicts: An Analytic Framework

Alternative Forums for Citizen Participation: Formal Mediation of Urban Land Use Disputes

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