The Natural Resources Board's Mediation Initiative
The Act 250 Statute and Rules require
that the District Commissions promote the
expeditious, informal, and non-adversarial resolution of the issues. Since the
passage of Act 250, the District Commissions have always encouraged parties to
resolve their differences informally.
While many parties are able to reach settlement on their own, mediation
can significantly improve the chances that the parties will find a mutually
acceptable settlement.
The decision whether or not to engage in mediation is completely voluntary. If the applicant and the other parties agree to mediate,
they must select and hire a qualified mediator. A qualified mediator may be chosen from the Environmental Court’s roster of mediators,
or the parties may select another qualified mediator. The cost of the mediator is often split equally among all parties; however, the
parties can agree to other ways of sharing responsibility for these costs. The law requires the District Commission to review settlement
agreements for compliance with Act 250, so it may be helpful to hire a mediator who has Act 250 experience.
Frequently Asked Questions
What is Mediation?
Mediation is a process in which the parties meet with a mutually selected impartial and neutral person -- the mediator -- who assists
them in the
negotiation of their differences. Mediation leaves the decision making power with the parties. The
mediator does not decide what is "fair" or "right."
What is the Mediator’s Role?
The mediator acts as a catalyst between opposing interests attempting to bring them together by defining issues and eliminating
obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will.
The mediator does not represent any party and has no bias against any party or their position. It is not the mediator’s role to impose an agreement on any party.
What is a Mediation Session Like?
Mediation may begin with a joint session to set an agenda, define
the issues and ascertain the position and/or concerns of the parties. The
joint session is usually followed by a separate caucus between the mediator
and each
individual party or
their counsel. This allows each side to explain and enlarge upon their position
and mediation goals in confidence. Depending on the nature of the dispute
and the dynamics of the mediation sessions, the mediator may alternate between
joint
and private
sessions until the parties have resolved their differences, decided to reconvene
for additional sessions, or determined that further mediation is no longer
constructive.
What are the benefits of Mediation?
- Mediation can be much faster than the District Commission hearing process. If a settlement is reached through mediation,
the District Commission still needs to review the terms of the settlement for compliance with Act 250. Successful mediation takes much
less time than it would to go though the District Commission hearing and an appeal at Environmental Court. This can also mean
considerable cost savings.
- Mediation is less formal and allows parties an opportunity to express their concerns freely.
- Mediation allows parties the opportunity to tell their side of the story in their own words. In hearings, lawyers and expert
witnesses do most of the talking. Mediation is less formal and allows parties an opportunity to express their feelings.
- Mediation allows parties to focus on the issues that are most important to them, even if they are not directly related to
the Act 250 criteria at issue.
- Mediation can help all parties resolve other issues related to
the dispute and agree on ways to handle any future problems related to the project.
What Should I do to Prepare for the Mediation?
- Before the mediation -- Think about what points you want the mediator to understand. Think about the 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 that there may be many ways to resolve the dispute that satisfy your interests that you have not thought of yet.
Mediation works best when parties are flexible on how their interests can be met.
- During the Mediation -- Bring all the documents and drawings that you
think are important to help explain your side of the case. Bring extra copies
for
the other parties and the mediator. Have someone at the mediation who has decision
making authority for
your side.
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