For many years, the California Legislature has sent strong encouragement to opposing litigants in land use disputes to resolve their issues through mediation. It has been the declared intent of several statutory enactments that matters broadly labeled “environmental disputes,” such as CEQA challenges, contested planning and zoning decisions, and disputed permit applications could benefit from negotiations among the parties and resolution outside of the courtroom.
California Government Code §66030 et seq., set forth what the Legislature described as “formal mediation processes for land use disputes” brought in superior court, recognizing the delay, uncertainty and cost of such contentious litigation. The legislation does not mandate mediation, but allows the court to “invite the parties to consider” alternative dispute resolution, and addresses such potential issues as statutory time limits and “open meeting law” requirements that could arise during negotiations pursuant to the statute.
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