Resolving Conflicts Over Climate Change Solutions: Making the Case for Mediation

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Pepperdine Dispute Resolution Law Journal, ISSN: 1536-3090, Vol: 10, Issue: 3, Page: 4

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Knaster, Alana
mediation; climate change; conflict; air quality standards; negotiation; global warming; green house gases (GHGs); mediated negotiation; facilitation; convening; consensus; Dispute Resolution and Arbitration; Environmental Law; Land Use Law; Law; Natural Resources Law
article description
This article explores the role that mediation can play in resolving the conflicts that are emerging in the climate change arena. Case studies describing mediation of disputes over air quality standards, timber harvesting, species protection, and ecosystems restoration, which resulted in consensus agreements among multiple, diverse stakeholder groups, demonstrate its applicability to the climate change arena. Mediation is not suited to every dispute or set of disputants. However, an analysis of the opportunities and constraints for addressing climate change disputes at the state, regional, and local levels suggests that mediated negotiations is well suited for resolving a number of the conflicts that are emerging over the siting of alternative energy projects, stringency of new regulations, and allocation of responsibility and costs among jurisdictions for reducing green house gas emissions.