Environmental Regulatory Mediation
Soto, Gabriel P.
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This article evaluates the history and the origins of environmental mediation, the structure and strategy of an environmental mediation, environmental mediation through the Foothills Case Study, and mediations in an administrative setting. This article structure and strategy section addresses: first impressions and avoiding bias, equal participation and resource sharing, establishing trust, avoiding battling experts, maintaining confidentiality, including necessary settlement parties, impasse techniques, alternatives to negotiated agreements, and how to preserve relations after mediation. It also discusses the basics of a Water Utility administrative hearing, administrative ADR, mediation pitfalls, and the process of formalizing a settlement agreement. Lastly, this article summarizes when environmental mediation is appropriate and how all three types of parties—mediator, participants, and attorneys, must work together to achieve environmental settlements.