TOP REAL ESTATE AND DEVELOPMENT LAWYERS 2025
Abundance
CEQA’s early settlement meeting is not the only specialized tool to get these cases resolved – the Planning and Zoning Law in Government Code section 66030 authorizes mediation in 10 specified land use matters including general plan decisions, zoning, and a catch-all for “the approval or denial by a public agency of any development project.” Yet today, this decades-old Government Code mediation provision is rarely invoked, largely because it is permissive. Practitioners should dust it off in their pending cases. As for the mediation process – and this is general advice for all litigated cases – the right mediator can make all the difference. Look for mediators who separately call or Zoom with counsel before the mediation to distill the issues. This adds value to the ensuing “shuttle diplomacy” between the parties, all protected by the expansive, mediation- specific confidentiality provisions of Evidence Code section 1115 et seq. When the mediator works as a team with lawyers and clients, up to and including on what to say to the other side and when to say it, all parties
become invested in the settlement process. Not every case is possible to settle during the mediation session. Sometimes parties are not yet ready to settle, or more information is required, especially if creative solutions emerge during the mediation session. In these situations, though, the mediator can still ensure that the parties agree to next steps with a timeline – extending “shuttle diplomacy” for days, weeks, or however long it takes by text, phone or Zoom to keep focus on the parties’ interests and what is “below the iceberg.” Conclusion ADR and mediation are important tools to resolve our state’s thorny environmental and land use permitting disputes – and to advance an “abundance agenda” for a greener, more affordable California. The right mediator with the right strategies can help. Gideon Kracov is a mediator at ADR Services, Inc., and serves on the adjunct faculty at Loyola Law School. Darrell Steinberg is national director
for Manatt, Phelps & Phillips LLP and principal of Steinberg Mediation and Consulting. Steinberg is also the former mayor of Sacramento and president pro tempore of the California State Senate.
on common interests “below the iceberg.” A residential housing project moved forward, community interests were protected and substantial time and litigation costs were saved. Mediation mechanics Environmental and land use cases also, thankfully, already have some built-in mediation mechanics that can help lead to resolution. An existing but underutilized tool is the CEQA early settlement meeting, outlined in Public Resources Code section 21167.8, which requires the parties to meet and attempt to resolve the litigation within 45 days of the lawsuit being served. However, the early meeting is often pro forma, too informal, abbreviated, and does not meaningfully assist in resolving the dispute. Many practitioners agree that the early meeting can be taken more seriously. One path is to exchange terms sheets and conduct an in- person session including the litigants and a neutral mediator who “speaks CEQA.”
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DAILY JOURNAL SUPPLEMENT | JUNE 18, 2025 | PAGE 15
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