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

2. 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

3. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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)

12. Environmental mediation - perspective
Exchange of experience
and training
The workshop will be organized 1st 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