Mediation in the planning system

Abstract

An Australian report on mediation in planning disputes (known as the Keaney Report) gives a useful definition: An understanding by parties to a dispute to enter into discussions so that those parties, with the assistance of two impartial persons, can agree to resolve the dispute themselves. It is a voluntary system and entirely ‘without prejudice’. If a party decides to withdraw from mediation and go to another forum they are entirely free to do so. No rights are forfeited by choosing mediation as an option. The process is entirely confidential. There are a number of things to note about this definition. The first is that mediation is voluntary; I do not think that in any country mediation is forced upon parties, and I do not think it would work if parties did not take part of their own volition.