Viewpoint: Alternative Dispute Resolution in Public Land Management

Abstract

Alternative dispute resolution is a concept of dispute settlement which uses techniques other than litigation to reduce or resolve conflict. It involves bringing together parties in disagreement to participate in joint decision-making processes which seek win/win solutions. Alternative dispute resolution processes maintain control and authority for agreement in the hands of the parties in dispute. A third party process person is commonly utilized to assist parties in resolving conflicts. The application of alternative dispute resolution techniques in the field of natural resource management is relatively new. A study of environmental disputes found that 78% of the cases where alternative dispute resolution techniques were used, resulted in settlement. There are limitations and benefits to the application of these techniques in the field of natural resource management. Widespread use requires a significant increase in the understanding of alternative dispute resolution concepts and application among natural resource professionals.