Environmental Management: Principles and practice

Alternative dispute resolution
Disputes about resource exploitation and environmental management can be
addressed in a number of ways (see Mitchell, 1997:218–239 for an overview; Napier,
1998 for more detailed coverage of environmental conflict resolution):

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1
through legal measures (judicial);
2
through political measures;
3
through administrative measures;
4
through alternative dispute resolution measures (which may not use law).
Legal measures rely upon courts, litigation, protocols and procedures, etc. Political
measures rely upon elected or established representatives to decide. Administrative
measures can be used to improve resources and environmental management.
Alternative dispute resolution can be through a range of measures, including:
♦
negotiation;
♦
mediation;
♦
arbitration;
♦
public consultation.
Environmental management legislation may specify the use of some of these
measures, or they may be adopted voluntarily. Negotiation is a process whereby two
or more groups agree to meet to explore solutions, in the hope of reaching consensus.
Mediation is similar to negotiation, but involves a mutually accepted neutral third
party who finds facts and tries to facilitate discussion. The mediator may act with
groups that are unwilling to meet face to face, if need be ‘filtering’ the exchanges to
help reach agreement. Arbitration involves a third party like mediation, but at the
outset the parties involved agree to give the arbitrator power to make decisions (which
may or may not be binding).
Recommended reading and resources
Journals which publish articles on business and environmental management
Business and Environment Abstracts
Business Ethics
Business Strategy and the Environment
Corporate Environmental Policy
Eco-Management and Auditing
Greener Management International
Industry and the Environment
Journal of Environmental Economics and Management
Journal of Industrial Ecology
Management Science
Total Quality Environmental Management

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