Melbourne Law School - Theses

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Mediation in environmental disputes : a cross cultural analysis

Condliffe, Peter ( 1993)

Environmental disputes are developing as one of the most important areas of conflict in Australia. The ability to manage them through effective processes is crucial to Australia's continued economic, social and political stability. Environmental mediation is a process of environmental conflict management which has received and continues to receive increasing interest. This . study will describe and analyse its use in Australia, Japan and the United States of America. The possible implications or "lessons" this may have for Australia will then be discussed. These "lessons" concern the importance of preserving conflict in the public domain, the need to avoid making environmental disputes a purely administrative issue, the need to maintain or enhance the role of the courts, and the problematic nature of the process of institutionalisation of environmental mediation services. The future development and implementation of environmental mediation will depend upon the characteristics that such disputes take on within Australian institutional frameworks.