WHY DEVELOP AN ADR
(Assisted Dispute Resolution) POLICY?
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Litigation is an expensive process. As environmental regulation
continues to become more complex the cost of litigation will increase.
The Local Government Association of Queensland amended its Policy
in August, 2002 to include:
6.1.1.5 Local Government supports creation of alternative dispute
resolution mechanisms to provide more effective, responsive and
lower cost resolution of planning disputes.
To implement this Association Policy, Local Governments in Queensland should develop an ADR Planning Scheme Policy and an ADR Local Laws Policy.
EcoDirections is in a position to offer consultancy services for the development of these ADR Policies.
ADR enables the Council to meet its commitment and obligation to their community by providing them with a process that they can easily access, understand and participate in.
ADR has benefits to both the Council and the community it serves by:
Providing parties with an image of participative action and a means of early intervention to gain understanding and resolve disputes.
Providing parties with a dedicated, open and constructive communication process that encourages resolutions.
Decreasing litigation costs by 25% - 85% and the number of planning and environment disputes going to Court.
ADR discusses problematic issues, guided by a mediator in an open and constructive way, providing means to channel the energy, creativity and resources to parties to achieve joint solutions while reducing excessive litigation costs.
According to Queensland Attorney General, Hon Rod Welford at the Queensland Environmental Law Association Conference on 2 May, 2002: ...
there is an enormous untapped potential for ADR processes to be applied to environment and planning disputes. ... Some of the more sophisticated local governments routinely seek to negotiate the resolution of planning disputes even before proceedings are issued. Nevertheless, I believe we have barely begun to scratch the surface in terms of the potential for an expanded role for ADR.
The New South Wale Land and Environment Court Working Party Report (September, 2001) said …that greater use should be made of alternative dispute resolution (ADR) for the settling of development disputes and that the mechanism should be considered at every stage of the development application and review process.
North and mid Coast Local Government areas in New South Wales can be efficiently serviced by EcoDirections in the development of ADR Policies .
We have attended an IHAP at the Fairfield City Council in Sydney as part of our ongoing research.