Land Use Mediation (LUBA)

If you are considering an appeal to the Land Use Board of Appeals (LUBA) about a local land-use decision, Oregon Consensus may be able to help. We resolve land use disputes through informal mediation. One advantage of this informal approach is that parties can explore each other’s underlying concerns and decide together on a solution, as opposed to having a legal body decide based on legal issues alone. Mediation saves time and money. Mediators remain neutral and do not make decisions; they just help the parties reach their own decision.

Contact us at (503) 725-8109 or jjb@pdx.edu to discuss whether LUBA mediation might be right for you. Some questions we’ll explore include:

  • What local government took the land use action, and what action was it?
  • What are your concerns about the land use action?
  • What could be done differently to meet your underlying concerns?
  • Has a LUBA appeal been filed?
  • Who is involved in the dispute?

LUBA mediation benefits

  • Mediation saves time and expense by allowing parties to find solutions together.
  • Mediation focuses on the concerns and interests of the parties, whereas a formal LUBA appeal addresses legal issues only.
  • Mediation is voluntary, and only occurs if all parties agree to participate.
  • Mediation is neutral. The mediator helps all parties reach an acceptable solution, but does not make decisions.
  • Mediation is not legal advice.

LUBA mediation costs

Land Use Board of Appeals mediation costs less than a formal LUBA appeal. Mediation participants generally share the cost of Oregon Consensus mediation services. However, Oregon Consensus receives grants from the Oregon Department of Land Conservation and Development which significantly reduce LUBA mediation costs for participants.

Next steps

If your preliminary conversation with Oregon Consensus suggests you might benefit from LUBA mediation, Oregon Consensus will talk to the other parties to determine whether mediation is an option. Mediation may not be an option if one of the parties does not want to participate. If mediation is an option, Oregon Consensus will work with the parties to identify an appropriate and qualified mediator who is knowledgeable about the land use issues under dispute.