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Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.
Author : Ann L. MacNaughton Publisher : American Bar Association Page : 454 pages File Size : 26,41 MB Release : 2002 Category : Law ISBN : 9781590310922
This anthology provides a treatment of environmental dispute resolution for the practitioner, along with practical guidance for those wishing to focus on particular aspects. It offers a toolkit of diagnostics, systems, strategies and methodologies proven effective in diverse substantive contexts.
A step-by-step guide connecting theory to practice Environmental Conflict Management introduces students to the research and practice of environmental conflict and provides a step-by-step process for engaging stakeholders and other interested parties in the management of environmental disputes. In each chapter, authors Dr. Tracylee Clarke and Dr. Tarla Rai Peterson first introduce a specific concept or process step and then provide exercises, worksheets, role-plays, and brief case studies so students can directly apply what they are learning. The appendix includes six additional extended case studies for further analysis. In addition to providing practical steps for understanding and managing conflict, the text identifies the most relevant laws and policies to help students make more informed decisions. Students will develop techniques for public involvement and community outreach, strategies for effective meeting management, approaches to negotiating options and methodologies for communicating concerns and working through differences, and outlines for implementing and evaluating strategies for sustaining positive community relations.
This book has its origins in an M.I.T. research project that was funded by the U.S. Environmental Protection Agency (EPA). Our immediate objective was to prepare a set of case studies that examined bargaining and negotiation as they occurred between government, environmental advocates, and regulatees throughout the traditional regulatory process. The project was part of a larger effort by the EPA to make environmental regulation more efficient and less litigious. The principal investigator for the research effort was Lawrence Sus skind of the Department of Urban Studies and Planning. Eight case studies were prepared under the joint supervision of Susskind and the authors of this book. Studying the negotiating behavior of parties as we worked our way through an environmental dispute proved enlightening. We observed missed oppor tunities for settlement, negotiating tactics that backfired, and strategies that ap peared to be grounded more in intuition than in thoughtful analysis. At the same time, however, we were struck by how often the parties ultimately managed to muddle through. People negotiated not out of some idealistic commitment to consensus but because they thought it better served their own interests. When some negotiations reached an impasse, people improvised mediation. These disputants succeeded in spite of legal and institutional barriers, even though few of them had a sophisticated understanding of negotiation.
Environmental conflict resolution (ECR) is a process of negotiation that allows stakeholders in a dispute to reach a mutually satisfactory agreement on their own terms. The tools of ECR, such as facilitation, mediation, and conflict assessment, suggest that it fits well with other ideas for reforming environmental policy. First used in 1974, ECR has been an official part of policymaking since the mid-1990s. This is the first book to evaluate systematically the results of these efforts. The contributions to this book critically investigate the record and potential of ECR, drawing on perspectives from political science, public administration, regional planning, philosophy, psychology, anthropology, and law.
Environmental conflicts are increasing in number and intensity, demanding new approaches to dispute resolution such as environmental mediation. This book contains the expertise of 28 specialists; stresses the need for mediated dispute resolution as an alternative to litigation; calls for a communitarian approach; explores conceptual foundations and conflicts resistant to mediation; and answers How do we know what we know? Addresses training mediators; discusses special problems of small communities, value of citizen participation, and EPA regulatory negotiation; explores ethics and social justice; and considers future challenges and issues confronting theory and practice. Case studies analyze nuclear waste siting, highway design, wilderness designation, field burning, and Environmental Impact Statement development. Intended for alternative dispute resolution practitioners, scholars, and citizen environmentalists. Authors provide insights from many academic disciplines and practical experience. Reed advocates creating sustainable communities; O'Leary calls for new research; Maida contends that law and economics offer viable perspectives; and Allen prescribes mediation training. Dworkin and Jordan contribute a teaching case; Klase addresses problems in rural areas; and the Burgesses offer steps to make difficult confrontations constructive. Clary and Hornney argue that prenegotiation and negotiation are essential; Richardson describes facilitated negotiation; and Bogdonoff explains negotiated rule-making in Maine. Stephens, Stephens, and Dukes suggest that ethical considerations are due the environment; Blackford and Matunga advise sensitivity to cultural differences; Ryan demonstrates the utility of conflict management by the EPA. Wood and Guy describe how local governments can achieve consensus; and Baird, Maughan, and Nilson offer reasons mediation failed in Idaho. Mangerich and Luton describe an urban-rural conflict in Washington state, and Blackburn provides his Eclectic Theory to guide future research.