{"id":901077,"date":"2023-04-19T15:27:56","date_gmt":"2023-04-19T21:27:56","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=901077"},"modified":"2023-04-19T15:28:02","modified_gmt":"2023-04-19T21:28:02","slug":"mediation-land-use-disputes","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/mediation-land-use-disputes\/","title":{"rendered":"Why Mediate a Land Use Dispute?"},"content":{"rendered":"\n

Marshall Berger | Pullman & Comley<\/a><\/p>\n\n\n\n

When disputes arise over land use issues, whether it is the approval or denial of a land use application, we have traditionally turned to our judicial system for their resolution. Indeed, in Connecticut, we have been fortunate to have a Judicial Branch that has appropriately resolved those disputes. Nevertheless, that system, even with the new Land Use Docket, is regulated by judicial rules and procedures which both create conflict between the parties and confine and limit the scope of the final judgment.<\/p>\n\n\n\n

While generally not utilized, mediation<\/a> is certainly an effective, and as will be discussed below, a more thorough method to resolve land use disputes. It obviously works well for other disputes in litigation and there are many reasons why it should be considered as an alternative to traditional litigation. It is a process of compromise where both parties can protect their interests and attain results not available in litigation. Importantly, mediation of a land use dispute avoids the \u201cwinner take all\u201d outcome of traditional land use litigation.<\/p>\n\n\n\n

In discussing mediation, one federal entity[1]<\/a> lists eight reasons to mediate:<\/p>\n\n\n\n