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Cardozo Journal of Conflict Resolution

Abstract

This Note seeks to establish that mediation, when gentrification is involved, is the most suitable form of dispute resolution. Mediation, a form of Alternative Dispute Resolution ("ADR"), is the most well equipped method of dispute resolution to handle the emotional, legal, and community-based issues that arise as a result of gentrification. I argue in this Note that the effects of gentrification can be significantly reduced or remedied through mediation. The sources from which I draw to support my argument are research on case law dealing specifically with gentrification, research on the perspectives of persons negatively affected by gentrification, commentary and interviews with persons who have moved to gentrified neighborhoods, and samples of cities that have used mediation as a form of dispute resolution for gentrification related issues.

Part II of this Note will introduce the reader to what gentrification is and how different perceptions of the phenomenon can influence how it is defined. Part III will give a background on court dealings with gentrification, and Part IV will introduce the proposition that ADR is not an alternative, but the preferred method for ameliorating the effects of gentrification. Part V will discuss mediation and the role it can play in gentrification disputes. Part VI will present a general discussion of why ADR should be concerned with gentrification. Part VII gives examples of city and state dealings with gentrification through mediations and mediation-type initiatives, and illustrates local desires for mediation in gentrification related disputes. Finally, Part VIII will introduce some barriers to implementing a gentrification mediation program.

Disciplines

Dispute Resolution and Arbitration | Housing Law | Law | Law and Society

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