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Environmental protection should be a concern for all of us, as its well-being lies in the common interest of every individual. However, differences of opinion and disputes between companies, organizations, and institutions can sometimes arise on this issue. One way to resolve such conflicts is through environmental mediation. What are they and why is it worth using them?
What are environmental mediations?
Environmental mediations are a process in which a mediator assists parties in conflict in reaching an agreement on environmental protection issues. Such mediations aim to resolve conflicts between different entities (e.g., companies, organizations) and institutions (e.g., local governments, environmental protection agencies).
The mediator can help establish the conditions and actions necessary to reach an agreement, as well as effectively resolve the dispute. Environmental mediations are an important tool in preventing and resolving conflicts in the field of environmental protection. Their outcome should be the development of an environmentally acceptable solution agreed upon by all interested parties.
Benefits of environmental mediations
Environmental mediations allow even the most seemingly difficult conflicts to be peacefully resolved. It is a method of reaching a common, compromise solution to a challenging situation, ensuring that none of the parties involved burn bridges and that the possibility of further cooperation is not ruled out.
Environmental mediations, thanks to a special procedure and obligations imposed on the mediator, also ensure privacy and confidentiality. The negotiation process is kept confidential, which can often be important in the context of conducting business activities. At the same time, such a solution ensures savings in time and financial resources.
When is it worth using environmental mediations?
Using environmental mediations is recommended for social and economic entities that find themselves in a conflict situation concerning the environment. These may include representatives of local authorities, non-governmental organizations, companies, groups of residents representing the local community, farmers, scientists, etc.
Mediation can address various environmental issues. The most common issues that lead to disputes include land use planning, protection of natural areas, waste management, water protection, and greenhouse gas emissions.
How does the process of environmental mediation unfold?
The mediation process is conducted separately with each party. During the meetings, the mediator informs the participants about the mediation process, its guiding principles, objectives, and the potential benefits of resolving the conflict through mediation. The parties also confirm the voluntary nature of their participation in mediation.
Through discussions, the mediator learns about the subject of the dispute and the viewpoint of each participant on the situation. The mediator also gains insight into the conditions that, according to the parties, must be met for a resolution of the conflict and the conclusion of a satisfactory settlement for each of them.
Mediation Sessions:
If the parties express willingness to meet “face to face,” a joint session with the presence of the mediator takes place. If, for a valid reason, one of the parties does not agree to meet directly with the other party but still seeks agreement, there is the possibility of conducting indirect mediation – in this case, the mediator meets separately with each party, acting as a intermediary in conveying viewpoints and expectations.
During the sessions, or mediation meetings, which usually last 1-2 hours, the parties clarify the most important issues for them and jointly seek a solution to the conflict. Mediators use many helpful techniques for this purpose (including active listening, clarification, reflection of feelings, as well as private meetings), facilitating communication between the parties. If the participants manage to clarify the reasons for the dispute and reach an agreement, they sign a settlement. The number of sessions depends on the type of mediation, but on average, there are between 2 to 4 sessions.
Signing the settlement
Signing the settlement agreement constitutes a separate, significant stage of the mediation process, where the proper preparation of the mediator plays an important role. The mediator is obliged to ensure that the agreement being signed is realistic and specific. The settlement agreement represents the agreements reached during the mediation by the parties themselves, which are then documented in the form of an agreement.
If the parties fail to reach a satisfactory agreement, the matter is referred to the appropriate authority for resolution. In the case of so-called “private” mediations, where no authority has referred the matter to the mediator and the parties have approached the mediator independently, in such a situation, other ways of reaching an agreement must be sought. The mediator always seeks to assist the parties by presenting them with alternative options for resolving the matter.
Choose r2eko
We offer impartial assistance in resolving conflicts or disputes related to environmental issues. We raise awareness of the available options and present the perspective of the opposing party. We do not impose solutions; rather, we help parties develop solutions that are mutually acceptable. Choose r2eko, and we will help you conduct discussions in a way that leads to the signing of a settlement satisfactory to both parties.
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