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RICS support Mediation for planning disputes

Fri, 06 November 2009

Recommendation 12 of The Killian Pretty Review Final Report recognised the need to use alternative dispute resolution approaches at all stages of the planning application process where this can deliver the right decisions in a less adversarial and more cost efficient way.

  • local authorities and applicants should explore opportunities for applying alternative dispute resolution approaches throughout the process; and
  • Communities and Local Government and PINS should carry out a more detailed investigation into the use of formal mediation as a less adversarial and speedy alternative to appeal, to establish whether the potential time and cost savings would justify the costs of introducing such a scheme.

Government's response concludes:

Part of this recommendation is directed at others. On the issue of mediation during appeals, and following the introduction of a range of improvements to the appeals system in spring 2009, the Planning Inspectorate will work with Communities and Local Government and others on investigating the role of mediation in reducing the need for planning and enforcement appeals and / or reducing the time and effort involved in determining such appeals. 

Recent October 2009 press release from RICS states its desire to facilitate the use of mediation as a tool to speed up the planning process by resolving disputes quickly and amicably, and by encouraging dialogue and discouraging entrenched positioning.

For full details of the Government's response see Government Response to the Killian Pretty Review

 

Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

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