Mediation in the Norwegian land consolidation courts

Abstract

In Norway land consolidation is organized entirely within the judicial system. This paper describes how land consolidation courts work, and examines mediation activities in the courts. Questionnaires were used to get data on 727 cases in 1996, and in-depth interviews with 23 judges were used to get information on mediation behavior. The results indicate that mediation is a frequent activity. Many cases are settled through mediation rather than by verdicts. Mediation activities vary with case type, complexity, significance and conflict level. Mediation activities reduce conflicts even in those cases where final decisions are made through verdicts. Cases that have a mediated settlement are generally less complex, less significant and have lower conflict levels than cases ending with verdicts. Judges use a large number of mediation techniques, and there are large variations in mediation styles between judges. The results are discussed in terms of future research needs and in terms of the practice of mediation in land disputes.