Overview
Pros
Cons
Terms
Susskind Article
100
A flexible process of assisting the negotiation of others involved in a dispute that has evolved due to a disagreement of how, where, or why a particular area of property is either going to be or is being used.
What is land use mediation?
100
Rhyming with "must," proponents of land use mediation say that this is often built among parties as a result of a successful mediation process.
What is trust?
100
Often abbreviated as LCD in mathematics but not the Greatest Common Factor, opponents of land use mediation claim that it results in these type of agreements because everyone may end up only marginally better off than if the conflict had been resolved using traditional adjudicatory processes. (What are "_______ Common___________" agreements?)
What are "Least Common Denominator" agreements?
100
A person or group likely to be affected by (or who thinks they will be affected by) a decision. (____holder).
What is a stakeholder?
100
The first major land use mediation in the United States occurred in this pacific northwest state. (Home of the Seahawks).
What is Washington?
200
A renowned land use mediation scholar, practitioner, planner, and professor at MIT, this person helped found the field of public dispute resolution and authored two articles that we have read in this course (including one for this class). The last syllable in his last name is "kind."
Who is Lawrence Susskind?
200
By fostering what is often seen as a fair process and by reducing charges of taking unilateral action or being out of touch with the public, supporters of land use mediation claim that a successful mediation process can lead to confidence being built with regard to these type of officials.
What are government/public/elected officials?
200
Opponents of land use mediation point out that it often lacks this type of code to resolve accountability and to describe what constitutes good practice.
What is a code of ethics?
200
A technique for gathering essential information in order to determine whether and how an assisted negotiation should proceed. This type of assessment is generally a document that spells out the issues in a dispute, the stakeholders, their disagreements, and how they might find common ground. (What is a ______ assessment?)
What is a conflict assessment?
200
Involving a dispute regarding the placement of a flood control dam, the first major land use mediation in the United States--and the resignation of President Nixon for an unrelated Watergate scandal-- occurred in this year.
What is 1974?
300
A kind of dispute often characterized by the involvement of multiple parties in a public disagreement often involving real property and what can be done with it.
What are land use disputes?
300
By shifting to consensus building that emphasizes joint fact finding, proponents of land use mediation often claim that it can empower these type of often overlooked groups and enhance their capacity to influence public decisions.
What are traditionally underrepresented or disadvantaged groups?
300
After having expended a great deal of effort and resources, if an agreement arrived at using land use mediation is considered to be unfair or legally inappropriate, opponents point out that parties will still resort to this after having completed a land use mediation. This will provide jobs for a particular type of lawyer.
What is litigation?
300
A model of land use planning that seeks to redistribute resources to ensure greater equity and improved quality of life for those least able to fend for themselves. This type of model is often characterized by a planner with technical skills and a greater understanding of social and economic issues who represents a particular interest group in the politics of land use decision making. (What is the _____ model?)
What is the advocacy model?
300
Even in this type of outcome, many surveyed parties claimed that they achieved improved relationships, minor agreements, interest clarification and understanding, increased knowledge of the issues, and other benefits from the land use mediation process.
What are unsettled outcomes or unresolved cases with no full/complete agreement?
400
A professional land use and real estate mediator who is from Pacific ADR Consulting in Seattle, Washington, and who is happy to speak with any students interested in a career in land use and real estate mediation. He also has the same initials as the Gramm-Leach-Bliley Act. His first name rhymes with egg.
Who is Gregg L. Bertram?
400
Francis Bacon and Thomas Hobbes have said "____ is power." Supporters of land use mediation claim that it develops a shared base of this by maintaining a participatory and transparent process.
What is knowledge?
400
Opponents of land use mediation often point out that the cost of preparing for negotiation may be as high as or even higher than the cost of preparing for some types of litigation. Indeed, these type of assessments, which are performed at the outset of the process and which were discussed in the Susskind article on public disputes assigned in an earlier class and the Susskind article assigned for this class, can incur substantial cost and take several months to complete. However, as stated by Susskind, "[t]his pre-negotiation work is one of the most important special features of multi-party (public) dispute resolution." (What is a _____ assessment?).
What are "conflict assessments?"
400
A model of land use planning that emphasizes technical skills in preparing efficient plans whereby the planner operates as an apolitical and technically skilled advisor to elected decision makers who set goals and limitations. (What is the tech_______ model?)
What is the technocratic model?
400
80% of parties surveyed thought that they could not have reached an agreement without this type of neutral party, which 85% of parties felt was wither "crucial" or "important" to the level of agreement achieved.
What is a mediator/professional neutral?
500
When setting a precedent is important; When participants absolutely refuse to recognize each other’s rights; When a complete and real--as opposed to just perceived--stalemate or impasse has been reached; When payment for the process is coming from only one side who is not perceived as neutral; or When the process is being utilized only to delay any action or to create the illusion that something is being done.
What are times when land use mediation might not be appropriate?
500
Also part of a title of a famous Rolling Stones' song where they claim they "can't get no," proponents of land use mediation claim that--regardless of the result--the fair process often produces a greater overall amount of this than litigation because it is designed to resolve disputes by creating “all gain” solutions.
What is satisfaction?
500
Despite calls for increased cooperation, collaboration, and communication among stakeholders, critics of land use mediation claim that parties often lack a fundamental balance of p_____. This that can lead some parties to negotiate in bad faith knowing that if they do not like a settlement, they can simply resort to other, more traditional means.
What is power (often as leverage or a strong BATNA)?
500
Using this model, planners--or another neutral party--seek to integrate competing interests with concerns about process and transparency. The result is a highly structured problem-solving process in which all stakeholders learn about each others’ interests, challenge previously accepted assumptions, and develop strategies aimed at maximizing mutual gains. (What is the ______ model?)
What is the mediation model?
500
1. Convening Stakeholders 2. Clarifying Responsibilities 3. Deliberating 4. Deciding 5. Implementing Agreements
What are the steps to the land use mediation or consensus building process outlined by Susskind?
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