Environmental mediation as an alternative dispute resolution instrument

Environmental mediation as an alternative dispute resolution instrument Anna Muner Federal Ministry of Agriculture, Forestry, Environment and Water Management

Austrian activities on evironmental mediation Several initiatives to promote debate on environmental mediation § 1 st European conference on Environmental Mediation, Vienna 2001 § study about status and experiences in the EU-15, 2000 § study examining legal questions in Austria, 2003 § project focussing on Central and (South) Eastern European countries, managed by the ÖGUT and the REC

Legal background in Austria § mainly used in other legal areas (family law, work conflicts etc. ) § linked to the implementation of the Aarhus Convention § Public Environmental law explicitly recognises environmental mediation (Environmental impact assessment act) § very often Advocacy for the Environment is initiating the process § besides NGOs local authorities also take the lead § in the early stages initiated when it had come to a legal dispute

Mediation procedure Natura 2000 Verwall (1) § mountaineous massif in the province of Vorarlberg which was designated as Natura 2000 area § strong opposition and mistrust against Natura 2000 § negotiating team and working groups were installed (agriculture, forestry, hunting and tourism) § outcome: agreement determining the future use of the area

Mediation procedure Natura 2000 Verwall (2) § factors for successfull participation: early start, clear rules of procedure, involvement of all affected persons, clarity about the goals and limits of participation, intense preparation and processing, sufficient professional and local knowledge by the mediators, binding results (also for authorities)

some quality elements of a mediation procedure § § § § neutral mediator participation is voluntary participants decide on their own responsibilities decisions are taken by consensus information is collected and made available results are binding through mediation agreement initiated in a very early stage of a procedure support or even initiative by public authorities, also costs covered by them

Conclusions § potentially useful instrument § preparation and design of the process is essential § complement rather than replace existing participation and access to justice provisions § comparable „powers“ of parties involved as a precondition § supports the development of a culture of dialogue and co-operation § should help to get away from positions to uncover the interests behind

Information available www. partizipation. at § relevant studies, also in english language § Handbook for Environmental Mediation