The Mediation of Variance Conflicts: An Empirical Evaluation

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.