Mediation of environmental conflicts

Is mediation a suitable method of dispute resolution in situations where the environmental conflict involves issues of public interest? This question is addressed by examining the philosophy of mediation. Five philosophical underpinnings of mediation are criticised as inadequate when applied to environmental conflicts. There is also a risk that fundamental environmental concepts (which are in the process of being developed in international law and in Australian environmental law) will fail to be adhered to when environmental conflicts are mediated. Finally, the answer to this question also depends upon the standard of accountability of mediators and whether they are responsible for the quality of the outcome of the agreed settlement. At present the New South Wales Land and Environment Court offers mediation and neutral evaluation as methods of dispute resolution in certain classes of conflicts. The trend towards mandatory mediation has occurred in some jurisdictions such as in the Supreme Court of New South Wales, however, it is argued that this movement should not extend to environmental conflicts.