Environmental mediation as an alternative dispute resolution

instrument

Anna MunerFederal Ministry of Agriculture, Forestry,

Environment and Water Management

Austrian activities on evironmental mediation

Several initiatives to promote debate on environmental mediation

1st European conference on Environmental Mediation, Vienna 2001

study about status and experiences in the EU-15, 2000

study examining legal questions in Austria, 2003 project focussing on Central and (South) Eastern

European countries, managed by the ÖGUT and the REC

Legal background in Austria mainly used in other legal areas (family law, work

conflicts etc.) linked to the implementation of the Aarhus

Convention Public Environmental law explicitly recognises

environmental mediation (Environmental impact assessment act)

very often Advocacy for the Environment is initiating the process

besides NGOs local authorities also take the lead in the early stages initiated when it had come to a

legal dispute

Mediation procedure Natura 2000 Verwall (1)

mountaineous massif in the province of Vorarlberg which was designated as Natura 2000 area

strong opposition and mistrust against Natura 2000

negotiating team and working groups were installed (agriculture, forestry, hunting and tourism)

outcome: agreement determining the future use of the area

Mediation procedure Natura 2000 Verwall (2)

factors for successfull participation:

early start, clear rules of procedure, involvement of all affected persons, clarity about the goals and limits of participation, intense preparation and processing, sufficient professional and local knowledge by the mediators, binding results (also for authorities)

some quality elements of a mediation procedure

neutral mediator participation is voluntary participants decide on their own responsibilities decisions are taken by consensus information is collected and made available results are binding through mediation agreement initiated in a very early stage of a procedure support or even initiative by public authorities, also

costs covered by them

Conclusions

potentially useful instrument preparation and design of the process is essential complement rather than replace existing

participation and access to justice provisions comparable „powers“ of parties involved as a

precondition supports the development of a culture of dialogue

and co-operation should help to get away from positions to uncover

the interests behind

Information available

www.partizipation.at relevant studies, also

in english language Handbook for

Environmental Mediation