Environmental Dispute Resolution
About This Class
This course explores the characteristics of environmental disputes, examines alternative dispute resolution processes (including mediation, arbitration, negotiated rulemaking, and facilitation), and assesses relevant policy and practical considerations in selecting the most effective method of resolving environmental disputes. A major theme of this course will be to compare the advantages and disadvantages of adversarial and collaborative approaches in environmental conflicts, including ones involving environmental regulation and compliance, remediation of contaminated property, land use, and climate change. This course will use simulations to explore a range of dispute resolution processes and the role of impartial third parties and lawyers in these processes. The instructor will use numerous case studies and extensive experience as an environmental mediator and facilitator. Students should be prepared to actively engage in each class session.