Description:
Mediation has now been canvassed for use in the settlement of planning disputes. But does mediation have a role to play here? In the literature on alternative dispute resolution some authors have argued that there are general rules for deciding which types of dispute would be suitable for mediation and which would not. The rule of ‘presumptive mediation’ has been advocated; that as long as certain conditions are satisfied, mediation should be the first procedure used. If mediation is not successful, the mediator can then make an informed recommendation for a different procedure. But is the utility of mediation so ubiquitous? Is the rule of presumptive mediation appropriate, even safe, in all circumstances? We investigate the role of mediation in one particular field of dispute resolution, where the circumstances are, on the face of it, markedly different to the ‘normal’ situation for which mediation has been used and proved successful; where the disputes concern specific proposals for the development of land and, in particular, where the dispute is between local planning authorities, private developers, and community groups. We attempt to analyse the conditions under which mediation may serve a useful function in this particular field of dispute resolution and investigate how ‘fitting the forum to the fuss’ may be dealt with in relation to the specific circumstances and context of so-called planning disputes.