Incorporating Mediation into City Planning and Zoning Disputes

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The November 2011 issue of the American Planning Association magazine, Planning, features an article entitled "The Zoning Dispute Whisperer: Adding Mediation to the Planner's Toolkit", by Joshua Abrams. The article discusses the benefits of including mediation in planning processes to "brainstorm unconventional solutions and engage in more in-depth discussion" in an informal environment.

Abrams cites examples in Berkeley, CA and Albuquerque, NM where mediation has "helped resolve disputes, limit lawsuits, reduce staff time spent handling such situations, and save money." He describes numerous ways in which mediation is used in land use proceedings, including zoning and conditional use disputes, code enforcement, day-to-day interactions with an angry public, and consensus-based policy making. 

Abrams points to CBI's work, quoting CBI Managing Director, Pat Field, "One of the great advantages of consensus building is that it actually provides a forum, without in any way taking away decision-making authority from those boards or elected officials, to bring in new parties and new voices. And through innovative, dynamic, vibrant processes, a whole bunch of energy and new ideas can be brought to the table." 

The article concludes with suggestions for cities that are interested in incorporating mediation and dispute resolution approaches in their planning processes.

For a summary of best practices and successful programs, the article recommends CBI's 2007 report "Responding to Streams of Land Use Disputes: A Systems Approach", produced in partnership with the Public Policy Research Institute of the University of Montana.

Read the original "The Zoning Dispute Whisperer: Adding Mediation to the Planner's Toolkit" (available to subscribers only).

Learn more about CBI's mediation and training services, as well as our work in land use planning.