Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and identifies how mediation legislation will affect the role of lawyers.
John R. Nolon and Jessica A. Bacher, Bill Would Encourage Effective Dispute Resolution, New York Law Journal, Oct. 15, 2008, at 5.