THE MEDIATION OF VARIANCE CONFLICTS: AN EMPIRICAL EVALUATION

Since 1982, the New Castle County Superior Court in Delaware has promoted mediation, which attempts to resolve filed conflicts prior to trial. This paper evaluates how spatial land-use conflicts channel through mediation and litigation. Data suggest that mediations fail because one of the key disputing parties does not play a direct role in mediation and litigation. The data then inform a predictive model of litigated outcomes in which disputants share in the responsibility for conflict. By alleviating some of the uncertainty of litigation and proposing win-win, mediated outcomes, the model may be used facilitate future mediations.


Issue Date:
2000
Publication Type:
Working or Discussion Paper
PURL Identifier:
http://purl.umn.edu/15833
Total Pages:
21
Series Statement:
FREC Staff Paper SP00-01




 Record created 2017-04-01, last modified 2017-08-24

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