Today’s divisive politics portends the proliferation of environmental disputes. It is reasonable to expect a growing number of clashes among businesses, government, and grassroots environmental and neighborhood groups. Despite this harbinger of conflict, mediation can play a critical role in resolving at least a portion of these impending environmental disputes.
Mediation offers promise to resolve many environmental disputes. An impartial mediator can assist the parties to find common ground and to identify mutually acceptable settlement conditions. While the mediator does not impose a settlement, he can provide an impartial assessment of the merits of each party’s case. The mediator’s role is to encourage cooperation to resolve disputes. In addition, since mediation discussions are confidential and generally cannot be used in subsequent litigation, there is little downside to parties at least making an effort to use mediation to resolve disputes.
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