The Benefits of Alternative Dispute Resolution
As the old adage goes, an ounce of prevention is worth a pound of cure. In land use disputes, where a wide range of stakeholders and interests with complex and ongoing relationships make coercive approaches more cumbersome and less attractive, ADR can
- give stakeholders access to decision-making processes to ensure that plans and regulations are “owned” by the community at large.
- prevent disputes before they arise, or resolve or mitigate them before they deteriorate into litigation.
- resolve disputes without expensive and time-consuming administrative and court proceedings and reduce the caseloads of administrative bodies and courts.
- provide results that are more satisfactory to the disputants than those achieved through traditional adversarial and coercive methods.
- help the parties to understand their interests, identify common objectives, share information, explore various options, and arrive at an agreement for resolving the conflict.
- achieve results without replacing a party’s legal rights, which can always be raised in court if the ADR result is unacceptable.