NCJ Number
101992
Editor(s)
L Susskind,
L Bacow,
M Wheeler
Date Published
1983
Length
265 pages
Annotation
Seven case studies of recent environmental disputes in various parts of the country demonstrate the advantages of using negotiation and mediation to resolve such disputes.
Abstract
The cases involve the Environmental Protection Agency's efforts to regulate a pulp and paper company in New Hampshire, a chemical manufacturing company in Tennessee, a power company in Montana, a sewage treatment plant in Wyoming, a coal-burning utility in Massachusetts, and a water treatment complex in Colorado. Another case pertains to the dispute associated with rulemaking attached to the 301(h) waiver provision of the 1977 Clear Water Act. One case demonstrates that effective dispute negotiations depend on using existing incentives and creating new incentives so that both parties gain through negotiations. Another case shows how an informal negotiation process that includes only the concerned parties can produce an agreement, particularly when the balance of power among disputants is approximately equal. The third case indicates that mandated negotiations require consideration of a broad range of issues that permit all parties to achieve gains or avoid losses. The fourth case illustrates the use of a negotiation strategy to obtain voluntary compliance with water quality regulations. Other cases teach the importance of a trusted mediator and the identification of compatible objectives; methods of mediating disputes that involve multiple issues, many parties, and a high degree of polarization; and the advantages of negotiated rulemaking. Chapter references and footnotes.