Setting the table : an approach to the identification of parties for environmental dispute resolution

Abstract

The use of environmental dispute resolution methods such as mediation, negotiation and facilitation represent a move along the democratic continuum. If they are to continue to emerge as a part of a new paradigm it is important that they are not colonised by old paradigm values. The identification of parties to a dispute resolution process provides an important indicator of the extent to which new dispute resolution methods are more democratic, since the identification process defines what is acceptable and possible. In order to redefine the acceptable and the possible, the identification of parties needs to be examined in terms of the wider social, political and epistemological context in which it exists. An approach to identification is developed based upon this analysis. This approach, informed by feminist theory, calls for a strong degree of reflexivity and inclusivity. It is finally argued that, whilst what is required is not necessarily radical action, what could result is radical change.