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http://ssrn.com/abstract=1265269
 
 

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Getting to 'Let's Talk': Comments on Collaborative Environmental Dispute Resolution Processes


Carrie Menkel-Meadow


Georgetown University Law Center; University of California Irvine, School of Law


Nevada Law Journal, Vol. 8, pp. 835-852, 2008
Georgetown Public Law Research Paper No. 1265269
UC Irvine School of Law Research Paper No. 2008-14

Abstract:     
This essay discusses the factors which are encouraging or disabling collaborative decision making and legal processes in environmental disputes. As a commentary on Brad Karkkainen's article on the use of collaborative processes in situations of both "natural and legal destabilization" events, the article reports on several successful environmental collaborative processes, highlighting the new process expertise and new knowledge of consensus-based, multi-jurisdictional decision making. It also suggests some countervailing factors and impediments to the effective use of collaborative dispute resolution in both environmental and other complex multi-party disputes. The essay concludes by outlining some challenges to the field of collaborative decision making and legal and social change and offers some suggestions for meeting those challenges, such as linking levels of governments and solutions to a variety of governance problems, using more flexible and contingent outcomes and "resolutions," developing a wider scope of "triggering events" and creative solutions, and considering rigorously the relationship of formal legal endowments to less formal processes for legal and political decision making.

Number of Pages in PDF File: 19

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Date posted: September 11, 2008  

Suggested Citation

Menkel-Meadow, Carrie, Getting to 'Let's Talk': Comments on Collaborative Environmental Dispute Resolution Processes. Nevada Law Journal, Vol. 8, pp. 835-852, 2008; Georgetown Public Law Research Paper No. 1265269; UC Irvine School of Law Research Paper No. 2008-14. Available at SSRN: http://ssrn.com/abstract=1265269

Contact Information

Carrie J. Menkel-Meadow (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9379 (Phone)
202-662-9412 (Fax)
University of California Irvine, School of Law ( email )
401 E. Peltason Drive
Irvine, CA 92697-1000
United States
949-824-1987 (Phone)
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