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NCJRS Abstract

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NCJ Number: 99229 Find in a Library
Title: Towards a Theory of Environmental Dispute Resolution
Journal: Boston College Environmental Affairs Law Review  Volume:9  Issue:2  Dated:(1980-81)  Pages:311-357
Author(s): L Sussikind; A Weinstein
Date Published: 1981
Page Count: 47
Format: Article
Language: English
Country: United States of America
Annotation: After examining factors contributing to a greater use of consensual solutions to environmental dispute resolution, this article proposes a nine-step approach to dispute settlement that draws on bargaining and negotiation experiences in public participation planning programs.
Abstract: The thrust for consensual approaches in environmental disputes has resulted from the costs of environmental conflict, dissatisfaction with traditional legislative and regulatory review approaches, and the success of some preliminary efforts using consensual approaches. Difficulties arise in environmental mediation because ecological effects may be irreversible; the nature, boundaries, participants, and costs often are indeterminate; one or more of the disputants often claims to represent the public interest; and implementation of private agreements is difficult. Therefore, a participatory planning strategy is recommended which identifies interested parties and ensures their adequate representation, narrows the agenda and confronts differences in values and assumptions, generates options, determines fair compensations and compensatory actions, and ensures agreement compliance. Included are 108 footnotes.
Index Term(s): Alternative dispute settlement; Conflict resolution; Environmental laws; Environmental quality; Mediation
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