 |
Often there may be high levels of
conflict (likely with a long history), political implications and
public interest.
|
 |
Need for
special facilitative
or decision-making processes such as Process Design
Committees or Joint Fact- Finding.
If
mediation is used, it should aim at the highest
goals for mediation.
|
 |
In
this context, facilitation and mediation may need to blend.
|
 |
Special
attention is necessary to the likelihood of coalitions.
|
 |
Use
of a conflict assessment
is often very important,
|
 |
Some participants, including some environmental organizations, now feel
that mediation and other forms of ADR are manipulative and do not serve
their interests. Some participants are also concerned about "liti-mediation"
- a disputant's plan to file suit for the sole purpose of forcing or
gaining concessions in court ordered mediation.
|

|
|
 |
Complex technical, scientific and factual
issues (emphasizing the need for preparation by the participants and the
need to simplify informational summaries).
|
 |
ADR
processes with governmental participants adds additional factors to
consider in planning the process.
|
 |
Higher than customary chances of factual overload.
|
 |
Special
importance of using interest-based
bargaining.
|
 |
High need in
mediation to coordinate group activities to keep
settlement momentum preserved and coordinated.
|
 |
Need
to avoid
decision-making errors.
|
See also article on the
Settlement Negotiator's
Worst Enemy
US
Institute for Environmental Conflict Resolution's bibliography of environmental
sources (pdf download)
|