Mediation in Environmental Disputes
نویسنده
چکیده
Mediation is a type of third party intervention in environmental and other kinds of disputes. Its characteristics – voluntary participation and agreement, confidentiality of exchanges among parties, the search for mutually satisfactory solutions – are well suited for the multi-party, complex context of environmental conflicts. Mediation is often used concurrently with other modes of conflict management. Some current challenging issues for environmental mediation include mediator training; the production and communication of technical data, especially concerning risks, to lay publics; evaluation of mediation and mediator; the handling of conflicts that are resistant to resolution; the timing of intervention; and whether agreement should be sought in all cases.
منابع مشابه
A duration analysis of environmental alternative dispute resolution in Japan
a r t i c l e i n f o The use of alternative dispute resolution (ADR) to solve environmental disputes is expected to increase in the near future. Therefore, it is important to evaluate the effectiveness of environmental ADR empirically. However, the majority of empirical literature of environmental ADR provides merely descriptive case studies. Using a large micro-level database from Japan, this...
متن کاملHIGHWAY MEDIATION IN JAPAN: Its Prospects and Pitfalls by
In Japan, disputes over highway projects from residents are now drawing more attention than ever. However, these disputes are rarely resolved through conventional processes using the decide-announce-defend approach. In many cases, dissatisfied opponents try to impede their implementation through litigation and physical obstruction. In the United States, oppositions against interstate highway pr...
متن کاملMediation of Marital Disputes Before It Is Too Late: A Proposal for Premarital Contract Provisions for Mediation of Disputes Within the Intact Family and at Separation
متن کامل
Chapter I : Mediation and Same - Sex Couples : an Overview
This Section examines the features and premises of mediation that are commonly adopted for the resolution of intra-family disputes between samesex partners.1 It is argued here that the analysis of the nature of disputes and the recourse to mediation for same-sex partners adds new momentum to the study of family mediation. However, differences in the processes of family mediation as between same...
متن کاملConflict Management and the Duration of Interstate Disputes: Modeling the Effects and Time and Timing on Conflict Resolution
This paper develops a theoretical argument linking time and the timing of conflict management efforts to dispute duration. We test competing hypotheses on conflict data drawn from disputes in the post-1945 period. Our analysis demonstrates that the effects of mediation vary substantially over the course of a dispute. Specifically, we note that mediation has a curvilinear relationship with time ...
متن کامل