LIST OF POTENTIAL BENEFITS
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Potential Benefits of Assisted Dispute Resolution (ADR)
for Planning and Environment Disputes
ADR concentrates on problem-solving in a win/win situation.
Dispute resolution should be based upon the merits, or a performance-based assessment, of a particular form of development.
A full explanation of the merits of all sides in the dispute can be explored to provide a better understanding of the issues.
With ADR, there is a better opportunity to preserve an ongoing relationship between the parties.
Properly managed, ADR saves time.
Mediations can be held at the site.
There are considerable cost savings if ADR is the chosen option. This is especially so if done early.
The parties own the outcome. It is their agreement. ADR can create certainty. The agreement may lead to a positive change in the Planning Scheme.
Even if the parties have to go to the Court, the mediation is likely to have resulted in the dispute being better understood or narrowed.
EcoDirections provides an ADR Information Seminar
service as well assistance with an
ADR Policy
Development.
The parties cannot talk to the Judge, but they can talk to the Mediator.
ADR allows parties to express underlying concerns.
The confidential and ‘without prejudice’ nature of mediation is an advantage.
Outcomes that cannot be achieved in Court can result from ADR. For example, (a) making another application before the appeal is heard by the Court, (b) a development option to avoid paying compensation, (c) building community infrastructure jointly and (d) a transferable development rights agreement. These are examples of options developed through mediation. All agreements reached should be available to the public in the same way as Court Orders, and minutes of Councils.
The parties to any dispute always have their legal rights preserved by recourse to Court. ADR can work in conjunction with the Court.
The safety net of the Court still exists.
