Observations from Planners and Lawyers Regarding ADR: The Opportunity of Technology to Support Understanding in Planning Conflict

AUSTRALASIAN DISPUTE RESOLUTION JOURNAL(2022)

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摘要
Conflict in planning frequently occurs regarding proposed changes to the built environment and stakeholders include developers, councils and objectors. This article discusses research into conflict in planning through the observations of two key actors: planners from local councils and planning lawyers. In Victoria, the site of this research, there are presently opportunities to address conflict in planning through facilitated public meetings, negotiation/mediation and compulsory conferencing. Analysis of the data of 30 qualitative interviews showed that most participants valued negotiation/mediation and compulsory conferencing and some valued facilitations. Notably, nearly all planning participants observed that much of the public do not understand the planning system and this fact may lead to an escalation of conflict. We suggest that technology, via a planning app, has the potential to assist the public to better understand the planning system which can help them in engaging with alternative dispute resolution.
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