Case Studies on Negotiation and Mediation for Coastal Zone Conflicts

Abstract

The cases detailed in this paper provide insight into the application of negotiation and other forms of alternative dispute resolution (ADR) to resolve heated disputes over the use of coastal resources. Three examples are provided to demonstrate the possible outcomes when ADR techniques are applied to resolve increasingly common coastal disputes. The first case between Chevron and the Surfrider Foundation is described to provide an example of how negotiation can result in unique innovative solutions that are unlikely to come out of normal legal proceedings. The second case involves the mediation of the disagreement between nature conservationists and the Dyke Associations in Jade Bay, Germany. This case provides an example of how a mediator can help disclose each party’s interests to transform an ongoing stalemated dispute into a unanimous agreement. The third case details the quarrel between the Surfrider Foundation and a coastal developer in Rincón, Puerto Rico, where the case was successfully negotiated but then later resulted in undesirable and unmitigated consequences for both parties.