Negotiating Settlements to Natural Resource Disputes - Some Thoughts on the Problems and the Potential

• NCJ Number: 97341
• Author(s): L K Patton
• Date Published: 1984
• Length: 12 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: From the remarks of Leah K Patton, Vice President The Mediation Institute, at the Second National Conference on Environmental Dispute Resolution, October 1, 1984, Washington, DC.

Annotation

This paper considers the use of negotiation to settle environmental and natural resource disputes, with attention to negotiations over fish management and harvest in Washington State.

Abstract

Controversies between Indians and non-Indians in Washington State are traced to the late 1800's, and the issue of the division of fish harvest between the two groups is addressed. Further, sports fishermen are attached to the salmon, just as the cultural and religious lives of the tribes of Washington State are woven around the fish. Another complication is the decline in the number of salmon due to overfishing and the diminution of the habitat. A meeting was held between the fisheries director and his staff and the tribal leaders. An attorney with credibility both within the Indian community and the State government was selected to preside over the meeting. Various factors encouraged serious negotiations between the disputants. First, there was great uncertainty surrounding the issue; second, the costs of the controversy were becoming enormous; and third, existing forums were not reaching the real issues. Some problems were encountered in these fisheries negotiations; for example, there was a great deal of personal risk that in proposing the use of negotiation, leaders would lose the support of their people. Another problem involved parties' using different strategies simultaneously.