NCJ Number
102045
Date Published
1986
Length
284 pages
Annotation
This book reviews the growth of the environmental dispute resolution (EDR) field, examines the effectiveness and efficiency of EDR processes, identifies the factors affecting the likelihood of EDR success, and projects future challenges for EDR.
Abstract
This book focuses on the first decade (1974-1984) of experience with the use of mediation to resolve environmental disputes. The study used extensive interviews with mediators and other parties to a wide variety of disputes, analyses of more than 160 environmental mediation cases, and tabulations of key data (e.g., types of issues mediated, success rate, and implementation results). Compared to 1973, when only two persons were developing mediation practices for environmental disputes, there are now (1985) organizations and individuals in at least 15 States, the District of Columbia, and Canada offering EDR services. Statutes in five States institutionalize EDR procedures. Of the 161 cases documented for this study, 132 aimed at achieving agreement between the parties; 78 percent of these achieved agreements. Of the site-specific disputes in which agreements were reached and implementation results known, agreements were fully implemented in 80 percent of the cases. Of the policy-level cases in which agreements were reached and implementation results known, agreements were fully implemented in only 41 percent of the cases. Among the factors affecting EDR success were case assessment and EDR preparation, the parties' incentive to negotiate an agreement, negotiation technique, and the direct participation of those with authority to implement any agreement. Although data on litigation and EDR cases are not comparable, preliminary data suggest that EDR involves less time. 230-item bibliography, selected case studies, and subject index.