Mediation and Conflict Consulting in Environmental and Urban Planning

What Is Mediation?

Mediation is a confidential and structured process in which an impartial mediator, equally committed to all parties, supports those involved in a conflict in working out an agreement on their problem under their own responsibility. Unlike in court proceedings, it is not a judge who makes a final decision; instead, the parties reach an outcome among themselves. The mediator places the interests and needs of those involved in the conflict at the center of the negotiations. Mediation acts as a catalyst to guide the parties toward a shared solution in a process oriented on the Harvard method of negotiation.

A mediation is particularly suited to a clearly delimited and thus manageable subject area, and it can usually be carried out within three to six months over five to ten sessions. It proceeds in six steps:

• Clarifying the assignment
• Collecting the topics
• Clarifying the interests
• Gathering ideas
• Developing solution options and evaluating them against the interests of those involved
• Agreeing on a shared solution

Unlike a judicial ruling, the outcome of a mediation has no legal binding effect. However, a de facto binding effect arises, because the parties have jointly agreed on an outcome that accounts for their interests or that they accept as the best possible solution for themselves. The Federal Administrative Court (Bundesverwaltungsgericht, BVerwG) has clarified that a mediation contributes to the protection of the legitimate expectations of all those involved in an administrative procedure – a protection that cannot subsequently be called into question again, not even by politics. It is therefore important that the political decision-makers stand behind the mediation process and declare in advance that they will accept its outcome.

In environmental and urban planning, mediation is particularly suitable when court proceedings would otherwise significantly delay the planning process. It can be placed ahead of the planning in order to agree, right at the outset, on a particular variant or design of the project. A mediation can run alongside the planning procedure in order to detach a difficult point of dispute from the rest of the procedure. A mediation can also take place after the planning procedure has been concluded, in order to resolve together, at a later point, a point of dispute that was initially set aside.

Which Kinds of Conflict Are Involved?

• Conflicts over binding land-use plan (Bebauungsplan) proceedings, for example on the inner-city development of a brownfield site versus species protection under the Habitats Directive, or changes to the preparatory land-use plan (Flächennutzungsplan) for the expansion of settlement areas versus the protection of nature and landscape
• Planning of renewable-energy installations in the outlying area (Außenbereich, land outside designated development areas) in conflict with agriculture, with differing ideas held by the municipality, or with the residents of adjacent settlements
• Disputes over flood-protection measures and river restoration, or conversely the planning of a project in a floodplain
• Conflicts in the planning of roads, public-transport routes and utility lines
• Conflicts in the implementation of municipal climate-protection and climate-adaptation concepts

What We Offer

We conduct mediation proceedings on the basis of the Harvard method from the initial contact through to the final agreement. This includes:

• Preparation: Analysis of the conflict situation, initial conversations with all those involved, clarification of the process design and ground rules
• Implementation: Leading the mediation sessions, structured guidance in developing ideas and working out solution options, support in reaching agreement
• Conclusion: Documentation of the results, drafting of the agreement text, support for implementation on request

All proceedings are voluntary, open-ended and strictly confidential.

Who Is It Suitable For?

A conflict burns and must be extinguished with urgency. Or it smolders away, and the planning is delayed because nothing happens. In fact, everyone wants a solution, but they cannot find their way to one another. Mediation is therefore suitable for all parties to a planning conflict: municipalities and authorities, citizen initiatives and associations, project developers and companies. The prerequisite is the willingness of all parties to take part in a conflict-mediation procedure and to support its outcome voluntarily. If needed, however, a single party can also be advised on how it should deal with an emerging conflict in order to avoid an escalation that would be disadvantageous for it.