Mediation in Coastal and Water Resource Disputes

Abstract

AbstractThe principles of alternative dispute resolution (ADR) can and should be used as the first attempt at resolving coastal zone conflicts and environmental disputes. These disputes can happen both on small and large scales—from individuals to multiple sovereign states. In the United States, formal environmental dispute resolution (EDR) programs currently exist in 24 states, but other states also have informal programs or outside mediation consultants to handle environmental disputes fairly and expeditiously. As an example of the effectiveness of an ADR framework, this paper discusses a dispute between environmental conservationists and dike construction proponents in Germany. In this conflict, the mediator established a relationship, determined the root of the conflict, and reframed the issue, resulting in a win-win outcome. In contrast, this paper demonstrates the wasteful consequences of a lack of ADR framework—a litigated dispute that went to the U.S. Supreme Court that arguably resulted in a lose...