Using Mediation When Setting Hazardous Waste Management Facilities - A Handbook

• NCJ Number: 97347
• Author(s): H S Bellman; C Sampson; G W Cormick
• Date Published: 1982
• Length: 47 pages
• Grant Number(s): T-901253010
• Sponsoring Agency: US Environmental Protection Agency
• Corporate Author: Wisconsin Ctr for Public Policy, Inc; Mediation Institute
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This handbook presents a hypothetical case study based on a composite of successfully mediated disputes over the siting and operation of solid waste landfills.

Abstract

Environmental mediation is defined, and reasons why mediation might be preferable to litigation or to other forms of alternative dispute settlement are suggested. Further, the critical elements of the mediation process, as illustrated in the case study, are highlighted, as are conditions that should be met to help mediation work. The way parties become involved in the mediation process is examined, and attention focuses on the mediator's method of operation. Consideration is given to the media, and mediators are shown to provide some advantages for the disputants in dealing with the media; for example, the mediator can serve as a press liaison on behalf of the parties. The implementation of agreements is addressed, and questions that should be addressed to determine whether mediation is the right dispute resolution method are highlighted; for example, it is advised that both parties should be willing to consider compromise and should be flexible in their positions. Traits to look for in a mediator are identified, and the need for the mediator to be acceptable to both parties is emphasized. Appendixes describe public consultation and dispute resolution processes, as well as list groups and individuals involved in environmental conflict resolution.