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Credits

Sponsored by Lorman Education
Product ID: 400376EAU
 
Credit & Course Provided by:

Current Issues In Land Use Mediation

OnDemand Webinar (88 minutes)

Learn strategies for different pathways available to resolve land use disputes and how to get the best results from mediation.When it comes to zoning, the risk of litigation is always present. Litigation can be long, uncertain, and expensive. One way to minimize the delays, risks, and uncertainty of litigation is to pursue mediation. Unlike mediation in other civil cases, however, land use disputes often turn more on principles than principal, and such disputes can rarely be resolved simply by throwing money at it. As a result, more complex strategies often are required to achieve success in land use mediation. This topic will help you understand key factors for engaging in the land use approval process, whether as a petitioner, objector, or governmental evaluator. Additionally, it will offer strategies for the different pathways available to resolve land use disputes: the customary public process, through litigation, or through mediation. Most importantly, this information will offer benchmarks for deciding the best pathway to follow and insights on how to get the best results from mediating a land use dispute.

Authors

Victor P. Filippini Jr., Filippini Law Firm

Agenda

The Constitutional Context of Land Use Law

• Fundamental Property Rights

• Governmental Authority to Protect the Public Health, Safety, and Welfare

• Striking a Balance in the Context of Procedural and Substantive Due Process

Pursuing a Land Use Outcome, Take One: The Local Land Use Process

• Pursuing Zoning Approval

• Related Land Use Approvals

• Navigating the Process

Pursuing a Land Use Outcome, Take Two: Litigation

• Strategies for Success in Litigation

• Risks of Litigation

• Potential Litigation Outcomes (Which May Be Incomplete)

Pursuing Mediation: To Do, or Not to Do

• Benefits

• Risks

• Complicating Factors

Mediation Strategies

• Selecting a Land Use Mediator

• Identifying Bottom Lines

• Looking Outside the Box

• Critical Follow-up Steps