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1 Thesis Proposals Conference, 09.Feb.2001 Welcome Benefits and Limits of Environmental Mediation in Germany: A Case Study
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2 Benefits and Limits of Environmental Mediation in Germany: A Case Study Overview Background and motivation for the study Research issues Methodology Findings & Conclusion Discussion
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3 Benefits and Limits of Environmental Mediation in Germany: A Case Study Background and motivation for the study Environmental disputes end up in court Increasingly difficult to make or implement decisions Frankfurt airport extension (1984 / 1998) Mediation prompts procedural justice, spatial/social equity “The mediation is over, the quarrelling starts”
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4 Benefits and Limits of Environmental Mediation in Germany: A Case Study Research Issues Was the mediation a success? Mediation as an idealistic concept How to increase successful mediation in Germany? Mediation in the German context
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5 Benefits and Limits of Environmental Mediation in Germany: A Case Study Methodology Internet-publications / wide spectrum of opinions Translate/paraphrase quotations Qualitative text analysis Problem: trust is a crucial element of mediation procedural problems within the mediation group are not published.
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6 The Case / facts Frankfurt airport is the 2nd largest airport in Europe Located in the middle of the prosperouse Rhein-Main Region, Germany Owned by the federal Land Hesse (45%), city of Frankfurt (29%) and the Federal Republic of Germany (26%) In 1999 439.093 airplane movements; in 2015 660.000 (with new runaway) For the extension the adjacent has to be clear-cut trees With the new runaway 362.000 people (+142.000) would be affected by noise Environmentalists are concerned about its environmentalists Proponents emphasize the economic importance of the airport for the whole region At Prime Minister Eichel’s suggestion a commission defined the task for the mediation The mediation ended in January 2000 (21 representatives & 3 mediators) The mediation result (a package) must be treated as a unit and contains five points: Optimizing the existing System Expansion throughout a new runway (3 alternatives proposed) Ban on night flights Anti-noise-pact Regional dialogue forum
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7 Findings and Results -Was the mediation a success?- Criteria:
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8 Findings and Results -Was the mediation a success?-
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9 Benefits and Limits of Environmental Mediation in Germany: A Case Study Conclusion The findings above show that in this particular case the prerequisite of mediation process were not fulfilled. A win-win-situation for all stakeholders was not possible Politicians initially reduced the openness of the process and the possible results. It is doubtful that the mediation process was the least costly method to settle the dispute. It is controversial if the mediation provide the highest joint benefit.
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10 Benefits and Limits of Environmental Mediation in Germany: A Case Study The broader, German specific context Culture of conflict and scope of compromise If possible a German demands his rights Increasing number of conflicts brought to the Federal Constitutional Court Political Culture Contradicting to the desire of participation there is a mentality of total service through the state and poor social solidarity Poor response to the internet discussion forum of the mediation group Lively discussions on the opposition group’s internet forum
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11 Self-conception of the state Consistent with poor tradition of participation, there is a hierarchical self-concept of the state. The state claims sole responsibility for societal welfare. Only the state is capable and legitimated to balance societal interests The mediation process has absolutely no legal meaning The unreadiness to negotiate/ attitude to financial compensation A compromise is still primarily interpreted as the abandonment of a position and therefore infamous. Accepting a financial compensation is not only the abandonment of a position, much worse it is sold against money and not acceptable on moral grounds. In the airport case environmental groups refused to participate because of that. The broader, German specific context
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12 Benefits and Limits of Environmental Mediation in Germany: A Case Study Conclusion : following changes could make mediation in Germany more successful.
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13 Benefits and Limits of Environmental Mediation in Germany: A Case Study Thank you very much for your attention. Time for Question & Discussion
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