Nuclear waste management and environmental mediation: an exploratory analysis Topical report

TL;DRAbstract

Two types of mediation efforts are identified: settlement-oriented mediation and participation-oriented mediation. A range of environmental mediation efforts that have taken place to date are discussed. Within the context of the two identified types of mediation, these characteristics are discussed for the waste management controversy. Emphasis was placed on the complexity of the issues and the range of participants. Also discussed are the relationship between an environmental mediation effort and alternative mechanisms for conflict resolution, such as NEPA based litigation, consultation and concurrence and state veto or federal preemption. Participation-oriented mediation may be more suitable than settlement-oriented mediation for encouraging constructive communication and reducing conflict among participants in the controversy. Several limitations to participation-oriented mediation need to be considered. One is that environmental mediation is such a very new field that it might not

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