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Page 13 of 24 |
What methods are available to resolve environmental disputes besides a lawsuit? |
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When a conflict arises, alternative dispute resolution procedures are authorized for disputes arising under Superfund, the Resource Conversation Recovery Act, the Emergency Planning and Community Right-to-Know Act, the Clean Air Act, the Clean Water Act, and the Toxic Substances Control Act. It is an efficient, economical, and effective way to resolve many disputes.
There are three primary techniques used by the EPA:
1. negotiation: a voluntary and informal process, you would present your position to the other party with whom you are having the disagreement and the reasons why there should or should not be a settlement. If no settlement can be reached through private negotiation, other actions can be taken.
2. arbitration: more formal than mediation, this involves the use of an impartial third party who tells all parties how the matter will proceed. It may be binding or non-binding, as the parties decide at the start. (Non-binding means that the arbitrator’s award can be disregarded and you can proceed directly to court; binding means that arbitrator’s decision is legally final, no appeal is allowed, and enforceable in court.)
3. mediation: like arbitration, this involves the mutual selection of a neutral third party who listens to both sides, outlines issues, and helps both sides to seek an agreement that is acceptable to each. Unlike the arbitrator, the mediator does not have the authority to make a decision, although he/she may generate solutions as to how the dispute may be resolved.
In addition, there are other ADR techniques which are, for the most part, combinations or variations of mediation and arbitration: fact finding, allocation, and convening. To understand these techniques and their uses, we recommend that you seek the advice of an attorney who is particularly knowledgeable in ADR. |
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