Ebook: Environmental Dispute Resolution
- Tags: Ecology, Environmental Management, Business/Management Science general, Political Science general, Ethics, Regional/Spatial Science
- Series: Environment Development and Public Policy
- Year: 1984
- Publisher: Springer US
- Edition: 1
- Language: English
- pdf
This book has its origins in an M.I.T. research project that was funded by the U.S. Environmental Protection Agency (EPA). Our immediate objective was to prepare a set of case studies that examined bargaining and negotiation as they occurred between government, environmental advocates, and regulatees throughout the traditional regulatory process. The project was part of a larger effort by the EPA to make environmental regulation more efficient and less litigious. The principal investigator for the research effort was Lawrence Sus skind of the Department of Urban Studies and Planning. Eight case studies were prepared under the joint supervision of Susskind and the authors of this book. Studying the negotiating behavior of parties as we worked our way through an environmental dispute proved enlightening. We observed missed oppor tunities for settlement, negotiating tactics that backfired, and strategies that ap peared to be grounded more in intuition than in thoughtful analysis. At the same time, however, we were struck by how often the parties ultimately managed to muddle through. People negotiated not out of some idealistic commitment to consensus but because they thought it better served their own interests. When some negotiations reached an impasse, people improvised mediation. These disputants succeeded in spite of legal and institutional barriers, even though few of them had a sophisticated understanding of negotiation.
Content:
Front Matter....Pages i-xv
The Nature of Environmental Conflict....Pages 1-20
Dispute Resolution Theory....Pages 21-41
Incentives to Negotiate....Pages 42-55
Joint Problem Solving....Pages 56-75
Data Negotiation....Pages 76-103
Two-Party versus Multiparty Negotiation....Pages 104-125
Prospects for Compliance....Pages 126-155
Mediation Techniques....Pages 156-194
Mediating Large Disputes....Pages 195-247
Mediation Ethics....Pages 248-278
Negotiated Rulemaking....Pages 279-322
Institutionalizing Negotiation....Pages 323-346
Epilogue....Pages 347-364
Back Matter....Pages 365-372
Content:
Front Matter....Pages i-xv
The Nature of Environmental Conflict....Pages 1-20
Dispute Resolution Theory....Pages 21-41
Incentives to Negotiate....Pages 42-55
Joint Problem Solving....Pages 56-75
Data Negotiation....Pages 76-103
Two-Party versus Multiparty Negotiation....Pages 104-125
Prospects for Compliance....Pages 126-155
Mediation Techniques....Pages 156-194
Mediating Large Disputes....Pages 195-247
Mediation Ethics....Pages 248-278
Negotiated Rulemaking....Pages 279-322
Institutionalizing Negotiation....Pages 323-346
Epilogue....Pages 347-364
Back Matter....Pages 365-372
....