Promoting environmental mediation as a tool for public participation and conflict resolution Joint project between REC and ÖEGUT Kaidi Tingas Public Participation Program

Environmental mediation - goal to promote environmental mediation and related instruments as a tool for effective public participation and conflict resolution on environmental matters to improve cooperation and exchange of know-how in Europe

Environmental mediation - activities Case study collection 10 case studies were collected, described and analysed from CEE countries and 6 from Austria and Germany A comparative analysis of case studies Key findings, lessons learnt and recommendations for mediation and other conflict resolution processes Providing collection on the internet pation/mediation/default.html

Mediation and related instruments in CEE countries Background of the conflict Infrastructure development Waste management Permitting and industrial activities Status of protected areas Mediation and related instruments are chosen The administrative or juridical procedures failed to solve the problem ADR is ran parallel to the administrative or juridical procedures An out-of-court agreement was recommended by Court

Mediation and related instruments in CEE countries Nature of the process Negotiation, facilitated by the attorney of one party in conflict Mediation, facilitated by the neutral mediator Attempts made by NGOs to bring parties together and present them the option of using ADR

Estonia: Negotiating the conditions of IPPC permit for the pulp plant factory Legal procedure: Estonian Fund for Nature (ELF) challenged the IPPC permit which was issued to the factory because it did not determine adequate measures to prevent pollution Alternative dispute resolution: Negotiations between ELF and the company, facilitated by attorneys of AS Estonian Cell (developer) Outcome of the process: agreement to change the conditions of the IPPC. ELF made an application to end the court proceedings Lessons learnt: Compared to administrative procedure, it was more efficient as both parties had interest to collaborate and make compromises Process was more intensive, but altogether less painful, nobody of the stakeholders was left totally unsatisfied Proved to NGO that there is possibility to negotiate with developers and reach agreement

Poland: Mediation to End the Blockade of the Lubna Landfill Legal procedure: Local community challenged in 2002 the Plant Location Consent which was issued to carry out the investments for a new landfill. They lost in Provincial Administrative Court, won in Supreme Court 2 years later. Alternative dispute resolution: Mediation between the Warsaw municipality and local people who blocked the entrance and the road to the old landfill when it turned out that the Court case has been lost. Outcome of the process: Dismantling of the road blocks, overall problem of locating a new landfill remained. Another block was organised few years later as a reaction to non-participatory approach regarding the establishment of the landfill. Lessons learnt: Avoidance technique cause problems in later stage Mediation helps to educate each side of the conflict about their real attitudes, values, stereotypes The agreement has to be written, implemented and monitored

Benefits of using mediation and related instruments Stakeholders get to know each others view Helps to decrease the social tension Helps to come up with creative solutions for the problem An agreement don’t let any party totally unsatisfied Much faster Less expensive The decision lasts longer, the process creates ownership of implementing the decision

Problems regarding the mediation Weak preparation process The mediator/impartial third person is rarely used Too little knowledge about the ADR, the role of the mediator, and the process of finding solution No proper identification of stakeholders, absent of key stakeholders Controversial role of NGOs No willingness to reach consensus and no understanding of benefits of it No binding agreements, no monitor of results

Recommendations based on case collection Assuring (political) support of the process and the presents of all important stakeholders (implementers of the outcome) Choosing a neutral mediator/facilitator Informing stakeholders about the nature of the process Motivating relevant stakeholders to cooperate Preparing carefully the process Ensuring sustainable results (high commitment to the achieved agree- ment, monitoring of the agreement)

Environmental mediation - perspective Exchange of experience and training The workshop will be organized 1 st part of 2006 and it shall lead to the establishment of a network of environmental mediation and give a good overview of the benefits, principles and practice of using environmental mediation procedure for conflict resolution Strengthen networks Promote research activities Implement pilot projects