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Environmental Division

Mediation


Environmental Court

Information

The Environmental Division Mediator List is now available on the Judiciary website. The list is a roster of mediators who have expressed a willingness to mediate land use and environmental disputes throughout the state. These mediators may also be available to help resolve environmental and land use disputes before those disputes reach the Environmental Division: that is, when matters are still before planning commissions, development review boards, and/or zoning boards of adjustment.

Mediators whose names appear on the Environmental Division Mediator List do not have any contractual relationship with the Environmental Division; however, their credentials have been reviewed by that court’s Advisory Committee on Mediation to make certain that they meet minimum experiential requirements (completion of a 28-hour course in mediation and 30 hours’ mediation experience, or 100 hours’ mediation experience). Each mediator on the list has furnished a description of his or her background, and has also specified the counties in which he/she is available to mediate.

Frequently Asked Questions
expand Question: How do I find and choose a mediator for my case?
expand Question: How do I get ready for Mediation?
·        Get all the documents or drawings you think are important to explain your side of the case.  The mediator may ask you for copies of these and may ask you to send them to other parties.
 
 
·        Have someone at the mediation who can make a final decision for your side.
 
 
·        Think about what points you want the mediator and the other side to understand.
 
 
·        Think about weak points in your case.  Think about the strong points of the other side.
 
 
·        Think about reasonable ways to resolve the dispute that would satisfy you.
 
 
·        Realize there may be ways to resolve the dispute you haven’t considered.  Be flexible.
 
 
·        Many Environmental Court cases involve neighbors. If your case involves your neighbors, think about what you’d like your relationship with these neighbors to be like in the future.
 
   
 
expand Question: How does Mediation work?
expand Question: What is Mediation?
In mediation, parties meet and make their own decision about how to resolve a dispute. Mediation is a form of alternative dispute resolution (“ADR”).  It’s an alternative to court (where the judge makes the decision).  Courts around the country recommend mediation.    
 
 A mediator is a person chosen by the parties who was not involved in the dispute before. A mediator does not make a decision.  The mediator helps the parties sort through the issues in the dispute.  The mediator also helps the parties discuss possible settlements of the dispute.  If the parties agree on a settlement, it’s written down in simple terms; this closes out the court case.   
 
What are the benefits of mediation?  What can you expect at your mediation session?   How does it work?  Who attends? What do you do?  This document answers those questions.
 
   
 
expand Question: Why go to Mediation?

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