Mediation in Coastal and Water Resource Disputes

Abstract

The principles of alternative dispute resolution (ADR) can and should be used as the first attempt at resolving coastal zone conflicts and environmental disputes. These disputes can happen both on small and large scales—from individuals to multiple sovereign states. In the United States, formal environmental dispute resolution (EDR) programs currently exist in 24 states, but other states also have informal programs or outside mediation consultants to handle environmental disputes fairly and expeditiously. As an example of the effectiveness of an ADR framework, this paper discusses a dispute between environmental conservationists and dike construction proponents in Germany. In this conflict, the mediator established a relationship, determined the root of the conflict, and reframed the issue, resulting in a win-win outcome. In contrast, this paper demonstrates the wasteful consequences of a lack of ADR framework—a litigated dispute that went to the U.S. Supreme Court that arguably resulted in a lose-lose outcome. To exemplify the broad usefulness of mediation techniques, this paper then gives a case of how the application of mediation techniques can resolve and prevent international disputes: The existence of the Mekong River Commission demonstrates how cooperation and relationship building has helped to resolve water disputes peacefully and agreeably between four countries with a long history of conflict. Thus, the principles and components of mediation can ameliorate and resolve issues before they polarize, and before each side digs into its position and stops listening to the other, creating wasted time and resources and even heightening regional conflict and danger. The application of mediation techniques to prevent international disputes also will be discussed.