NCJ Number
99229
Journal
Boston College Environmental Affairs Law Review Volume: 9 Issue: 2 Dated: (1980-81) Pages: 311-357
Date Published
1981
Length
47 pages
Annotation
After examining factors contributing to a greater use of consensual solutions to environmental dispute resolution, this article proposes a nine-step approach to dispute settlement that draws on bargaining and negotiation experiences in public participation planning programs.
Abstract
The thrust for consensual approaches in environmental disputes has resulted from the costs of environmental conflict, dissatisfaction with traditional legislative and regulatory review approaches, and the success of some preliminary efforts using consensual approaches. Difficulties arise in environmental mediation because ecological effects may be irreversible; the nature, boundaries, participants, and costs often are indeterminate; one or more of the disputants often claims to represent the public interest; and implementation of private agreements is difficult. Therefore, a participatory planning strategy is recommended which identifies interested parties and ensures their adequate representation, narrows the agenda and confronts differences in values and assumptions, generates options, determines fair compensations and compensatory actions, and ensures agreement compliance. Included are 108 footnotes.