Facilitation, Conflict Management and Dispute Resolution 
Joseph P. McMahon Jr.  

+303-333-1960   

617 Steele St., Denver CO  USA 80206-3941

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Environmental Disputes - Page 1

Environmental Dispute Resolution offers and presents both unique opportunities and challenges.  The fact that such disputes are usually multi-issue and multi-party makes the negotiations or mediations complex.  However, the presence of multiple issues makes the prospect for use of interest- based bargaining much richer.  The basic principles and goals of mediation still apply to these disputes. 
For additional topics see Environmental Disputes - Page 2

Special issues of interest in Environmental Dispute Resolution include:

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)

Copyright ©2002 Joseph P McMahon Jr.