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In light of the complexity of environmental
conflict, special considerations may be needed, such as:
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Environmental
disputes usually are not single issue negotiations - and that fact makes
tradeoff exchanges available. |
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The use of "technical
teams" can be particularly effective. |
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Special efforts to ensure that the
contracting
phase of mediation provides the needed safeguards to the participants. |
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Need for high levels of organization and
focus. |
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Many environmental
disputes involve Federal, state and local governmental agencies - See
ADR with governmental agencies |
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It is very
important that parties be willing to discuss
interests, rather than focusing on prior positions. |
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Use of an
analytical
approach to negotiations to improve effectiveness and efficiency. |
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Coordination and motivation of efforts to be
undertaken between mediation sessions. |
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Use of multiple ADR methods to deal with both
factual, scientific and legal conflicts. |
Because of this complexity, care should be taken
to ensure that all parties are focused on the same goals, that summaries of
meetings are published, and that time tables for work are published and timely
checked. This field also presents opportunities for using Internet-based
communications for dispute resolution.
Great efforts in this area have been reported in
the following: Negotiating Environmental Agreements, Lawrence Susskind, Paul
Levy & Hennifer Thomas-Larmer, MIT-Harvard Public Disputes Program,
Island Press, 2000; The Consensus Building Handbook,
Lawrence Susskind, Sarah McKearnan, Jennifer Thomas-Larmer, Sage
Publications, 1999
Copyright ©2002 Joseph P McMahon Jr.
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