Conflicts over environmental issues are capable of dragging on for years, or even decades, particularly if they are being decided through the usually cumbersome litigation process. These matters have high stakes for communities, businesses, advocacy groups and individuals who live near the site at issue. As time drags on, existing problems could get worse, and proposed remedies might be rendered ineffective. For this reason and others, mediation might be a better solution for everyone involved than going to court. 

A disagreement between Wyoming conservationists and ranchers over the killing of gray wolves has been negotiated under the guidance of an experienced mediator. This highlights some of the benefits to using this method of alternative dispute resolution in environmental matters, including: 

• Collaborative approach — Mediation provides a forum where all parties can come together to discuss their concerns and work toward a mutually acceptable solution. As issues involving wildlife, contamination and preservation usually require long-term compliance, it is usually preferable for each side to feel they have a stake in the ultimate decision. 

• Flexibility — Unlike litigation, which typically results in a win-lose outcome, mediation offers parties the flexibility to craft solutions that might include conservation easements, sustainable development practices or community benefit programs that balance environmental goals with economic considerations. 

• Speed — Delays in resolving environmental conflicts can exacerbate harm to ecosystems or communities. With mediation, there is no long wait to get on the court’s docket or procedural wrangling that lasts for months or years. 

• Privacy — Parties who wish to avoid public scrutiny or protect sensitive information might be more willing to reach a quick settlement if confidentiality can be maintained. Addressing controversial matters in a private office rather than open court could be the key to encouraging open and honest communication.

If you’re involved in an environmental dispute, mediation can provide an effective and efficient path to resolution. Quinn & Kronlund LLP offers comprehensive mediation services in a wide range of cases across Northern California. Whether your disagreement relates to an environmental matter or something else, you can speak with a knowledgeable mediator by calling 209-943-3950 or contacting us online. Our office is in Stockton.