NCJ Number
93455
Date Published
1980
Length
98 pages
Annotation
Federal Government agencies are expressing increasing interest in nonadversarial methods of conflict resolution. There are, however, impediments in the agencies themselves that prevent full participation in these new techniques.
Abstract
The Federal Government is usually an important participant in most major environmental disputes; yet its ability to manage intense conflict often suffers. Government agencies are therefore becoming increasingly aware that it is often the process followed to resolve issues that creates a problem, not only the substantive difficulties posed by the issues themselves. Parties on all sides of environmental issues are realizing that there are more gray areas than black and white extremes. They are therefore more open to cooperative methods of problemsolving. In those cases in which collaboration or compromise are preferred, the innovative techniques of mediation and facilitation are available. A study of the Federal experience with third party techniques found that there is simply too little data from which to draw conclusions. What is thus far reasonable to conclude is that interest in new approaches to conflict management is much stronger than 5 years ago, several agencies are attempting to increase their participation in innovative techniques, the techniques have thus far proven great applicability to permit issuance and standard review, and participation has been passive. Moreover, foundations, rather than the Government, provide funding for these efforts, and, in almost all cases, a party other than the Federal Government initiated the idea for third party assistance. Although agency statutes may not explicitly prohibit mediation, they often do so indirectly by prohibiting confidential off-the-record communications for certain agency proceedings. A number of new actions can help overcome the barriers to trying mediation and similar techniques. Education of those reluctant to leave litigation can give them the data they need to make more informed decisions. A Presidential or Congressional directive to open up agencies to alternative decisionmaking formats would enable the agencies to revise those practices currently inhibiting use of these formats. A total of 54 references are included. The first appendix is a compendium of Federal experience. The two remaining appendixes include data about the study itself and related materials.