The Mediation of Variance Conflicts: An Empirical Evaluation
Date
2000-09
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Department of Food and Resource Economics
Abstract
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.
Description
Keywords
Mediation, Litigation, Variance, Land use, Conflict resolution, Zoning