Promoting environmental mediation as a tool for public participation and conflict resolution Joint project between RE

1. Promoting environmental mediation as a tool for public participation and conflict resolution Joint project between REC and ÖEGUT Kaidi Tingas Public Participation Program

2. Environmental mediation - goal • to promote environmental mediation and related instruments as a tool for effective public participation and conflict resolution on environmental matters • to improve cooperation and exchange of know-how in Europe

3. Environmental mediation - activities • Case study collection • 10 case studies were collected, described and analysed from CEE countries and 6 from Austria and Germany • A comparative analysis of case studies • Key findings, lessons learnt and recommendations for mediation and other conflict resolution processes • Providing collection on the internet http://www.rec.org/REC/Programs/PublicParticipation/mediation/default.html

5. Mediation and related instruments in CEE countries • Background of the conflict • Infrastructure development • Waste management • Permitting and industrial activities • Status of protected areas • Mediation and related instruments are chosen • The administrative or juridical procedures failed to solve the problem • ADR is ran parallel to the administrative or juridical procedures • An out-of-court agreement was recommended by Court

6. Mediation and related instruments in CEE countries • Nature of the process • Negotiation, facilitated by the attorney of one party in conflict • Mediation, facilitated by the neutral mediator • Attempts made by NGOs to bring parties together and present them the option of using ADR

7. Estonia: Negotiating the conditions of IPPC permit for the pulp plant factory • Legal procedure: Estonian Fund for Nature (ELF) challenged the IPPC permit which was issued to the factory because it did not determine adequate measures to prevent pollution • Alternative dispute resolution: Negotiations between ELF and the company, facilitated by attorneys of AS Estonian Cell (developer) • Outcome of the process: agreement to change the conditions of the IPPC. ELF made an application to end the court proceedings • Lessons learnt: • Compared to administrative procedure, it was more efficient as both parties had interest to collaborate and make compromises • Process was more intensive, but altogether less painful, nobody of the stakeholders was left totally unsatisfied • Proved to NGO that there is possibility to negotiate with developers and reach agreement

8. Poland: Mediation to End the Blockade of the Lubna Landfill • Legal procedure: Local community challenged in 2002 the Plant Location Consent which was issued to carry out the investments for a new landfill. They lost in Provincial Administrative Court, won in Supreme Court 2 years later. • Alternative dispute resolution: Mediation between the Warsaw municipality and local people who blocked the entrance and the road to the old landfill when it turned out that the Court case has been lost. • Outcome of the process: Dismantling of the road blocks, overall problem of locating a new landfill remained. Another block was organised few years later as a reaction to non-participatory approach regarding the establishment of the landfill. • Lessons learnt: • Avoidance technique cause problems in later stage • Mediation helps to educate each side of the conflict about their real attitudes, values, stereotypes • The agreement has to be written, implemented and monitored

9. Benefits of using mediation and related instruments • Stakeholders get to know each others view • Helps to decrease the social tension • Helps to come up with creative solutions for the problem • An agreement don’t let any party totally unsatisfied • Much faster • Less expensive • The decision lasts longer, the process creates ownership of implementing the decision

10. Problems regarding the mediation • Weak preparation process • The mediator/impartial third person is rarelyused • Too little knowledge aboutthe ADR, the role of the mediator, and theprocess of finding solution • No proper identification of stakeholders, absent of key stakeholders • Controversial role of NGOs • No willingness to reach consensus and nounderstanding of benefits of it • No bindingagreements, no monitor of results

11. Recommendations based on case collection • Assuring (political) support of the process and the presents of all important stakeholders (implementers of the outcome) • Choosing a neutral mediator/facilitator • Informing stakeholders about the nature of the process • Motivating relevant stakeholders to cooperate • Preparing carefully the process • Ensuring sustainable results (high commitment to the achieved agree- ment, monitoring of the agreement)

12. Environmental mediation - perspective • Exchange of experience and training • The workshop will be organized 1st part of 2006 and it shall lead to the establishment of a network of environmental mediation and give a good overview of the benefits, principles and practice of using environmental mediation procedure for conflict resolution • Strengthen networks • Promote research activities • Implement pilot projects