FAQs

Environment

  1. What does mediation have to do with environment?
    We are of the strong opinion that any dispute can be mediated, including ones pertaining to environmental issues. Here are two examples:

    Several hydroelectric facilities were up for re-licensing. At issue was balancing ecological populations with the need for hydropower production. Municipal vs. agricultural uses for the water resources were also being contested. Other issues included water rights for water districts, 100-year-old water rights applicants, a recent energy crisis, lack of reliable historical data and a drought. Concerns were addressed and a settlement was reached using ADR. This allowed the licensee to file its proposed terms and conditions of the project without protest.

    Another case involved PCB contamination that created high public concern. Mediation was used to address four major areas: the company’s liability and responsibility for clean-up; input from the community on impacts of the clean-up process; the establishment of a panel of neutral experts to make recommendations for future re-mediation; and finally, agreement to use mediation in the future to resolve disputes.

    Many of these issues can be dealt with more effectively when all appropriate stakeholders participate jointly in the process. Many problems of ignorance or omission can be thereby avoided. In addition, “one size fits all” regulatory approaches may fail to take into consideration important local needs and aspirations that can be included in the mediation process.

  2. Can mediation be used instead of regulatory processes?
    No. Most regulatory agencies are quasi-judicial bodies and all parties must adhere to regulatory requirements. However, if the issues between all stakeholders and interveners have been mediated, the regulatory process is faster, less expensive and less confrontational. It is important to formulate a step-by-step process that relies on similar procedures and strategies common to other mediation processes, and for the mediator to be prepared to serve in facilitation and coordination roles to allow the process to move forward effectively.

    back to top

The Negotiators is a mediation and and negotiations firm based in metro Atlanta, Georgia, serving the U.S. and Canada. Our mediators, negotiators and conflict management practitioners are highly experienced, well trained and extremely qualified to help resolve your personal or professional disputes.