By Lawrence S. Bacow, Michael Wheeler (auth.)
This booklet has its origins in an M.I.T. study undertaking that used to be funded by way of the U.S. Environmental safeguard supplier (EPA). Our instant target was once to arrange a suite of case reports that tested bargaining and negotiation as they happened among executive, environmental advocates, and regulatees in the course of the conventional regulatory procedure. The undertaking used to be a part of a bigger attempt via the EPA to make environmental law extra effective and not more litigious. The important investigator for the learn attempt used to be Lawrence Sus skind of the dep. of city experiences and making plans. 8 case experiences have been ready below the joint supervision of Susskind and the authors of this ebook. learning the negotiating habit of events as we labored our manner via an environmental dispute proved enlightening. We saw neglected oppor tunities for payment, negotiating strategies that backfired, and methods that ap peared to be grounded extra in instinct than in considerate research. even as, although, we have been struck by way of how frequently the events eventually controlled to litter via. humans negotiated no longer out of a few idealistic dedication to consensus yet simply because they notion it higher served their very own pursuits. while a few negotiations reached an deadlock, humans improvised mediation. those disputants succeeded despite criminal and institutional boundaries, even supposing few of them had a worldly realizing of negotiation.
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Extra resources for Environmental Dispute Resolution
Other plaintiffs, however, may rationa11y agree to settle for less than they think they wil1 win in court. Dockets in many states are crowded, and it can be years before a case wi11 come to tria1. It may be necessary financia))y to accept Jess now rather than waiting years for more. Likewise, people may be very optimistic about winning a lawsuit; yet, there is almost always some uncertainty. Judges and juries can err and unexpected evidence may appear. Some plaintiffs may be reluctant to take chances, even if the odds are very much in their favor.
Often, they are in a better position to explore different solutions and analyze their consequences. A judge who lacks any formal training in environmental science or policy may only see one or two similar cases in his or her entire career. Because the negotiators usually will have to live with their settlement (for better or worse) they may also be more sensitive to implementation concerns than would be a judge whose involvement with the case typically ends with the issuance of the final decree.
It also underscores the factors that must be manipulated if 28 CHAPTER 2 we wish to encourage people to seek consensual resolution of their differences. Incentives to negotiate are thus a central theme of this book. We shall encounter two different sorts of negotiations. In one, if the parties do not settle, then a court, an arbitrator, or some other official will impose a resolution. This occurs in any lawsuit in which at least one of the litigants is intent on seeing it through. There is a second category of cases, however, in which the consequence of nonagreement simply is that there is no deal.
Environmental Dispute Resolution by Lawrence S. Bacow, Michael Wheeler (auth.)