Abstract

An environmental health scientist and mediator was appointed for the first time as a special master to oversee cleanup of a hazardous waste site in California. The case analysis examines the creative assimilation of integrative/mutual gains bargaining (mediation) into a distributive/zero‐sum bargaining construct (litigation). The special master played multiple, overlapping, and conflicting roles as the case unfolded. The interfaces and tensions of these roles produced a hybrid style of dispute resolution, termed “mediation‐negotiation” by the author.

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