Briefing: The potential of mediating planning and environmental disputes in England and Wales

Abstract

Mediation provides a more cost-effective, faster and generally more beneficial form of dispute resolution than litigation for certain types of disputes. It is for these reasons that mediation may be considered a potentially useful form of dispute resolution in the field of planning and environmental disputes in the UK. Mediation for such disputes promises to facilitate participation in planning disputes on a much broader level, thereby promoting inclusiveness and allowing for a broader and thus more accurate range of interests to be taken into account. The flexible nature of mediation also enables the process to be tailored according to the particular features of the individual case. It is within this context that the potential benefits of mediation for environmental and planning disputes should be approached and considered within this briefing, in order to determine whether such benefits are applicable to this type of dispute.