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For Environmental Dispute Resolution:
Integration of Science, Law and ADR
Within a Sustainable Development Framework
(Revised 03 February 2025)
KEY WORDS: environment; disputes; information conflicts; sustainable development; assessment; management; resolution; scientific round-table; interdisciplinary; collaboration; multi-party.
“Environmental problems have sometimes been described by analogy to water continually flowing out of a shower faucet. Control resides at the shower tap.
The traditional role of science for resolving environmental problems has been to mop up the puddles on the shower floor by undertaking research into the nature of the problem — but with little direct control in conflict resolution.
Lawyers, in contrast to scientists, have had almost complete control for resolving environmental conflicts because of the reliance on litigation as a pathway for resolving environmental conflicts.
The central issue is not one of control. Rather:-
How can environmental conflicts be most effectively resolved?”: Christie (2008).
1.0 In this regard, 'The Handbook of Dispute Resolution' provides a stimulating analysis on the challenges and opportunities confronting dispute resolution in the 21st century e.g., the need to resolve multi-party conflicts based on interdisciplinary collaboration and the use of knowledge and resources.
2.0 Addressing this challenge is especially significant for environmental dispute resolution, given that scientific uncertainty over potential adverse environmental impacts is a primary source of the information conflicts that gives rise to the controversy.
3.0 Another feature of environmental conflicts is that they will invariably have multi-party involvement and a range of competing interests.
4.0 Environmental conflicts are also invariably sustainable development problems – adding to the complexity of the information conflict.
All of these specific features of environmental dispute resolution
make resolving environmental conflicts challenging for ADR.
The cornerstone for interdisciplinary collaboration
to address these challenges is through an effective integration
between law, science and ADR
within a sustainable development framework:
A pathway that recognizes
that law and science have different, but complementary goals
in environmental dispute resolution:
To find sustainable solutions for environmental conflicts
through creative problem-solving processes based on ADR,
interest-based negotiation and consensus-building.
Download the following LINK to read more on the details
of this interdisciplinary model for environmental dispute resolution.
Dr Ted Christie is a past Fulbright Professional Scholar (Practising Lawyer ~ Environmental Law/ADR) based at the School of Law, University of Oregon, Eugene, USA. Fulbright is the most widely recognized international exchange program in the world.
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