NCJ Number
100833
Journal
Ohio State Journal on Dispute Resolution Volume: 1 Issue: 1 Dated: (Fall 1985) Pages: 99-111
Date Published
1985
Length
13 pages
Annotation
This article explores the benefits and disadvantages of mediation in environmental disputes, using two illustrative studies: the mediation settling the Storm King dispute between Con Edison and the Hudson River Valley (New York) community and the failed Westway mediation in New York City.
Abstract
A review of reasons that negotiation and mediation may not be effective in resolving public disputes over environmental issues notes that inequity of power between parties is a major factor. The author traces the history of the environmental movement to show that some rudimentary form of compromise, the essential ingredient of mediated disputes, has long been an aspect of the environmental process. Problems encountered in mediating environmental disputes are illustrated by discussions of the Storm King and Westway cases. Based on these environmental disputes, the paper highlights factors that contribute to successful mediations. They include a competent mediator that all parties regard as neutral and disputants who are truly representative of their constituencies. In addition, the mediator must help parties focus on their interests rather than their positions, build trust, and deal with any inequality of information. 11 footnotes.