NCJ Number
100449
Date Published
Unknown
Length
16 pages
Annotation
This executive summary presents the history of the environmental dispute resolution field, identifies evaluation criteria for environmental dispute resolution alternatives as well as factors affecting mediation outcome, and examines whether alternative dispute resolution processes are more efficient than litigation.
Abstract
Organizations and individuals in 13 States, the District of Columbia, and Canada offer environmental dispute resolution services. Evaluation of the 160 dispute resolution cases occurring since the first one was mediated in 1973 was based on the frequency with which agreements were reached, parties' support for the agreement through the implementation process, and participants' attitudes toward mediation. Findings show that agreements were reached in 78 percent of the cases, with full implementation occurring in 80 percent of the site-specific cases and 41 percent of the policy dialogues where agreements were reached. Some factors affecting the likelihood of mediation success appeared to be the incentive of both parties to negotiate, the negotiation method, and whether those with the authority to implement the agreement directly participate in the mediation. Cases in the sample lasted between 5 and 6 months.