DEVELOPMENT OF POLICY OPTIONS
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Increasingly, litigation has become more complex and more costly.
Progressively, this means that more people will be unable to afford
the litigation option. In a social sense, this is an undesirable trend
unless alternative methods are available and used.
It is crucial that Local Governments develop policies for using ADR in conjunction with the litigation option so that the community has a set of acceptable methods available to assist the resolution of disputes when they arise. EcoDirections promotes the use of ADR in planning and environment issues.
The Local Government Association of Queensland (LGAQ 2002) amended its Policy to include:
6.1.1.5 Local Government support creation of alternative dispute resolution mechanisms to provide more effective, responsive and lower cost resolution of planning disputes.
According to the Queensland Attorney General, Hon Rod Welford (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 Land and Environment Court Working Party in New South Wales has expressed the opinion
…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.
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THE NEED FOR ADR POLICIES
Using Local Government as the example, ADR enables Councils to meet their commitments and obligations 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.
An introductory process should be used as a means of educating, motivating and supporting people to become skilled stewards and advocates of the ADR process within the Council in serving its community.
Establishing an ADR Implementation Policy within the Council provides the foundations for all parties to come on board to the ADR process and gain a thorough understanding of the potential usage of ADR.
The development process continues to be a maze through which experienced and ordinary citizens must try and move. The public has required greater attention to environmental issues over the last 20 years. As a result layers of laws and regulations have come into existence.
Third party neutral persons are essential for time and money reasons as well as for developer, government and community satisfaction.
ADR policies should be considered by the other spheres of Government, statutory corporations as well as public and private companies. EcoDirections International Pty Ltd is available to assist in developing an ADR policy tailored for your organisation by working with you and your stakeholders. The policy will work with existing laws and regulations such as Planning Schemes. Some time is needed because a cultural change is required in the context of meaningful stakeholder engagement. Once the Policy has been established then training in its use is essential.
Please contact us for further information about how EcoDirections International Pty Ltd can assist your development of an ADR policy.
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