How can transportation planners use mediation to resolve conflicts?

1 What is mediation?

Mediation is a voluntary and confidential process in which a neutral third party, called a mediator, facilitates a constructive dialogue between the parties in conflict. The mediator does not impose a solution, but rather helps the parties to identify their interests, needs, and options, and to reach a mutually acceptable agreement. Mediation can be used to address various types of conflicts in transportation planning, such as land use, environmental, social, economic, or technical issues.

2 Why use mediation?

Mediation can offer several advantages over other conflict resolution methods, such as litigation, arbitration, or negotiation. These benefits include the potential to save time and money by avoiding lengthy and costly legal procedures, while also preserving or improving relationships between the parties by fostering mutual understanding and respect. Furthermore, mediation can enhance the quality and durability of the outcomes by allowing the parties to tailor their own solutions to their specific needs and circumstances, as well as increase their satisfaction and commitment by giving them more control and ownership over the process and results.

3 What are the challenges of mediation?

Mediation is not a one-size-fits-all solution to conflicts in transportation planning. It requires the willingness and cooperation of all parties involved, and may not be effective for cases involving power imbalances, legal rights, or public interests. Additionally, stakeholders may resist or be skeptical of the mediation process, and it may require additional resources and skills to ensure the quality and legitimacy of the process and agreement.

4 How to prepare for mediation?

Before engaging in mediation, transportation planners should assess the suitability and feasibility of mediation for the specific conflict, taking into account the nature, scope, and complexity of the issue, as well as the interests and expectations of the parties. It is also critical to select a qualified and experienced mediator who has the knowledge, skills, and style to facilitate a constructive and impartial dialogue between the parties. Additionally, it is important to define the scope and objectives of the mediation, including clarifying the roles and responsibilities of the mediator and the parties, the rules and procedures of the process, and the expected outcomes and deliverables of the agreement. Finally, relevant information and data should be gathered and shared in order to support the analysis and evaluation of the issue, identify and prioritize interests and needs, as well as generate and assess options.