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dc.contributor.authorBorrie Nancyen
dc.date.accessioned2010-06-23T03:47:45Z
dc.date.issued2002en
dc.identifier.urihttps://hdl.handle.net/10182/2118
dc.description.abstractSince 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.en
dc.language.isoenen
dc.publisherLincoln Universityen
dc.subjectenvironmental disputesen
dc.subjects.268en
dc.subjectcourt assisted mediationen
dc.subjectevaluationen
dc.subjectprerequisitesen
dc.subjectstakeholdersen
dc.subjectbenefitsen
dc.subjectlimitationsen
dc.subjectgood practice guidelinesen
dc.subjectAlternative Dispute Resolution (ADR)en
dc.subjectenvironmental mediationen
dc.subjectResource Management Act 1991en
dc.subjectdispute resolutionen
dc.titleAn evaluation of the use of mediation in environmental dispute resolution under s.268 of the Resource Management Act 1991en
dc.typeThesis
thesis.degree.grantorLincoln Universityen
thesis.degree.levelMastersen
thesis.degree.nameMaster of Resource Studiesen
lu.contributor.unitLincoln Universityen
lu.contributor.unitFaculty of Environment, Society and Designen
lu.contributor.unit/LU/Faculty of Environment, Society and Design/ENVIRONMANen
pubs.organisational-group/LU
pubs.organisational-group/LU/Faculty of Environment, Society and Design
pubs.organisational-group/LU/Faculty of Environment, Society and Design/ENVIRONMAN
pubs.publication-statusPublisheden


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