The Labor Model for Mediation and its Application to the Resolution of Environmental Disputes

Abstract

The mediation of disputes over the use of the environment requires alterations in the traditional labor model of mediation. In this article the author explores the characteristics of conflicts related to labor and the environment, compares the mediation processes usedfor settling such disputes, and outlines four additional functions required for environmental dispute mediation: process identification, party identification, issue identification, and process facilitation. The author discusses how traditionalist mediators of environmental disputes alter the process but retain the labor model standard of respect for the parties' autonomy, whereas revisionist mediators alter both the process and the role of mediation to further their own goalsfor the public interest. In concluding the article, the author states that revisionist alterations in the labor model result in the mediator's role losing its essential nature.