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    An evaluation of the use of mediation in environmental dispute resolution under s.268 of the Resource Management Act 1991

    Borrie Nancy
    Abstract
    Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.... [Show full abstract]
    Keywords
    environmental disputes; s.268; court assisted mediation; evaluation; prerequisites; stakeholders; benefits; limitations; good practice guidelines; Alternative Dispute Resolution (ADR); environmental mediation; Resource Management Act 1991; dispute resolution
    Date
    2002
    Type
    Thesis
    Collections
    • Masters Theses [809]
    • Department of Environmental Management [1079]
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