Mediation in Public Policy Disputes
Mediations with multiple parties represented are common in public policy disputes, and differs from private mediations in that the agreements reached are not usually self-enforcing. In most cases, a governing body or agency administrator implements the agreement.
Public policy disputes often address urban planning issues such as the rezoning of property, the development or modification of regulatory statutes, or proposed sites and/or design for new public facilities.
Mediators will find experience in the public policy arena is very beneficial, but not mandatory. Agency staff with technical expertise can be valuable participants, either directly or as a resource.
Public Policy Dispute Mediation Examples:
1. Mediation may occur between a property owner requesting a zoning change and the surrounding neighbors, an environmental organization, civic group, neighborhood association, or, in many cases, a combination of these groups. When the mediation is successful, the agreement results in a jointly acceptable rezoning recommendation which must then be acted upon by the City Council.
2. Development of new regulations to address an issue that has developed into “dispute” status is illustrated by a dispute about valet parking for businesses in the downtown area. Unauthorized use of on-street parking areas and meters by valet parking companies raised the irritation level of patrons who counted on the public parking spaces for general use. No regulations existed to control this activity. Valet parking companies, hotels, restaurants and clubs using their services, citizen groups, and police and traffic enforcement representatives were brought together to develop regulations that would permit valet activities and eliminate or minimize the use of existing on-street parking spaces. Upon completion of the mediation, the proposed regulations were enacted by the city council.
3. Internal disputes between/among governmental agencies or departments regarding real or perceived overlap of responsiibilities and jurisdiction are also areas where mediation or other dispute resolution techniques are beneficial.