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Alternative Environmental Mediation Structures Within the Federal Government - Final Report

NCJ Number
93294
Author(s)
S B Carnduff; J R Russell
Date Published
1980
Length
96 pages
Annotation
This paper discusses environmental mediation as it might be organized for disputes involving Federal agencies.
Abstract
Disputes of substantial importance affecting many citizens and large amounts of land and money often involve Federal agencies. Procedures for making decisions at the Federal level need to be able to accommodate the level of public interest and the magnitude of the potential controversy surrounding a given project. Reflecting a growing trend, efforts have been made to expand use of nonjudicial forms of dispute, such as mediation. In order for Federal agencies to either respond to or initiate mediation, they must take a number of steps. First, they need to create general guidelines for participation in mediation. Second, each agency should develop its own policy on mediation. Third, the agencies should declare their preferences regarding Federally funded and administered services. Fourth, they need to acquire statements from mediation centers regarding interest in and policies for mediating Federal agency disputes. Finally, an interagency task force should decide what experimental alternatives should be tested. It is important that before entering the dynamic, high pressure setting of mediation, the parties have a clear understanding of the process in order to avoid misunderstandings. Notes and tables accompany the text. Appendixes include a bibliography, a compilation of projects and regional centers, and sample legislation for state-level mediation departments.