Dispute Resolution Services
J. Richard Forester

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Contact

Phone: (503) 497-1010

 

Qualifications > References

 

References

  • Hanley Jenkins II, Union County Planning Director, 503-963-1014,  for LaGrande v Island City mediation. For a neutral evaluation and description of this mediation see “Resolving Land-Use Conflicts Through Mediation: Challenges and Opportunities” Working Papers, Lincoln Institute of Land Policy @David Lampe and Marshall Kaplan, 1999, pages 24- 32 - some reference selections are quoted below:

   “Forester’s land use background helped hasten the parties toward agreement. . .” at 28

    “I appreciated [Richard Forester’s] expert opinion on land-use law and insight . . .” quoting LaGrande representative on page 30 and, “His experience in land-use cases provided us with a strong motivation to reach an agreement, despite having our concerns recognized by the state’s initial decision to remand Island City’s first application.”

    “The mediator made us look at the big picture, and was helpful in suggesting alternatives.”  Mayor of Island City, at page 30.

    “Greg Winterowd, Island City’s planning consultant, who describes himself as having “been involved in many facilitated processes and at least three other disputes that were mediated,” credits the agreement equally to Forester’s mediation prowess and to his content knowledge. . . . Winterowd applauds Forester’s “ability to get right to the point and listen to the parties without getting “touchy-feely.”” Page 30.

    “Hanley Jenkins, the Union County planner, agrees with Winterowd’s analysis regarding the value of Forester’s mediation skill.  “The mediator kept people focused on the issues that mattered,” says Jenkins. “He also was helpful in brainstorming alternatives for reaching the various points of agreement.” Page 30-31.

    Four years later:  “ . . . representatives of both communities agree that the experience of mediation has helped cultivate more cordial and constructive relations.  The two cities have established an intergovernmental panel to resolving common development issues, which has aided communications, according to Greg Winterowd, Island City’s planning consultant. . . . For her part, Mayor Johnson (LaGrande) is satisfied with the settlement, not only because is has endured, but because it “addressed the deeper issues between [our] two communities.  The [development] issues would have kept popping up.  With the mediation we resolved …the [issue of] the 120 acres and addressed the poor relationship between our two towns.” - page 31.  

    Lessons Learned:  The mediation experience of LaGrande and Island City illustrates how an acute dispute over one issue, in this case a boundary change, can serve as a stalking horse for more deeply embedded differences.  LaGrande had long-standing concerns regarding low development standards in Island City, as well as simmering resentment over the issue of service reimbursement.  The mediator’s strategy to achieve quick closure on the boundary issue established the momentum needed to resolve issues regarding the two communities’ ongoing relationship and past differences.  Additionally, participants in the mediation agree that Forester’s strong content knowledge and ability to suggest options for reaching agreement helped to build confidence in both the process and it outcomes. The settlement, which outlined a long term plan for inter-municipal cooperation on services and development, as well as resolution of future differences, was ultimately more valuable to the parties than jurisdiction over the 120 acres.”  Pages 31-32. 




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