Mediappeal: a new kind of appeal procedure?
Series: Journal of Planning and Environment Law ; 2000, 1240-1245(6)Publication details: 2000Subject(s): Summary: Introduces the concept of mediappeal in planning disputes, Mediation-Arbitration (Med-Arb), whereby the Planning Inspector acts initially as mediator but if that process fails assumes the role of arbitrator, issuing a final and binding decision. Mediappeal has similar benefits to mediation in that it is cheaper, more flexible and quicker than the appeal process, but with added incentives for the parties to agree. Recent research in the United States has, however, suggested that mediappeal diminishes the flexibility of mediation; that there are difficulties deciding when the mediation phase should end and arbitration should begin; that the different parties can introduce differing facts at different stages of the case; and that the Inspector's capacity to act as adjudicator can be compromised. Concludes that on the whole, mediappeal, is less than the sum of the parts, mediation and arbitration.| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Journal article | London Journal article | 1 | Available | 110600-1001 |
Introduces the concept of mediappeal in planning disputes, Mediation-Arbitration (Med-Arb), whereby the Planning Inspector acts initially as mediator but if that process fails assumes the role of arbitrator, issuing a final and binding decision. Mediappeal has similar benefits to mediation in that it is cheaper, more flexible and quicker than the appeal process, but with added incentives for the parties to agree. Recent research in the United States has, however, suggested that mediappeal diminishes the flexibility of mediation; that there are difficulties deciding when the mediation phase should end and arbitration should begin; that the different parties can introduce differing facts at different stages of the case; and that the Inspector's capacity to act as adjudicator can be compromised. Concludes that on the whole, mediappeal, is less than the sum of the parts, mediation and arbitration.