Environmental mediation as an alternative dispute resolution instrument

1
Environmental mediation as an alternative dispute
resolution instrument

• Anna Muner
• Federal Ministry of Agriculture, Forestry,
• Environment and Water Management

2
Austrian activities on evironmental mediation

• Several initiatives to promote debate on
  environmental mediation
• 1st European conference on Environmental
  Mediation, Vienna 2001
• study about status and experiences in the EU-15,
  2000
• study examining legal questions in Austria, 2003
• project focussing on Central and (South) Eastern
  European countries, managed by the ÖGUT and the
  REC

3
Legal background in Austria

• mainly used in other legal areas (family law,
  work conflicts etc.)
• linked to the implementation of the Aarhus
  Convention
• Public Environmental law explicitly recognises
  environmental mediation (Environmental impact
  assessment act)
• very often Advocacy for the Environment is
  initiating the process
• besides NGOs local authorities also take the lead
• in the early stages initiated when it had come to
  a legal dispute

4
Mediation procedure Natura 2000 Verwall (1)

• mountaineous massif in the province of Vorarlberg
  which was designated as Natura 2000 area
• strong opposition and mistrust against Natura
  2000
• negotiating team and working groups were
  installed (agriculture, forestry, hunting and
  tourism)
• outcome agreement determining the future use of
  the area

5
Mediation procedure Natura 2000 Verwall (2)

• factors for successfull participation
• early start, clear rules of procedure,
  involvement of all affected persons, clarity
  about the goals and limits of participation,
  intense preparation and processing, sufficient
  professional and local knowledge by the
  mediators, binding results (also for authorities)

6
some quality elements of a mediation procedure

• neutral mediator
• participation is voluntary
• participants decide on their own responsibilities
• decisions are taken by consensus
• information is collected and made available
• results are binding through mediation agreement
• initiated in a very early stage of a procedure
• support or even initiative by public authorities,
  also costs covered by them

7
Conclusions

• potentially useful instrument
• preparation and design of the process is
  essential
• complement rather than replace existing
  participation and access to justice provisions
• comparable powers of parties involved as a
  precondition
• supports the development of a culture of dialogue
  and co-operation
• should help to get away from positions to uncover
  the interests behind

8
Information available

• www.partizipation.at
• relevant studies, also in english language
• Handbook for Environmental Mediation