Abstract

Mediation is a process not limited to the workplace. Increasingly, it is being used in the public sector to reach agreement on regulatory issues. Recently, for example, the New York State Department of Environmental Conservation (DEC) used mediation to negotiate a regulation to control oil and gas wells in the Bass Island Trend, a group of relatively newly discovered fields in western New York which are potentially rich in hydrocarbons. The proposed regulations set limits on how much oil and gas could be taken out of the field; established requirements for testing, well spacing, and drilling practices; and established various reporting requirements. DEC was concerned that the reservoir was being reduced too rapidly, which would result in a significant amount of oil and gas being left in the ground with no way of getting it out.

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