Standing Committee Symposium . . . : (The Special Master as Environmental Mediator)

July 1987
Citation:
17
ELR 10239
Issue
7
Author
Lawrence Susskind

I would like to present a framework that may help to answer the question, "What is going on out there?" It may also help to gather together some of these disparate stories, like the Environmental Protection Agency's (EPA's) negotiated rulemaking, Clean Sites's coalescing efforts at Superfund1 sites, efforts to mediate land use and facility siting disputes, and statewide policy dialogues.

Imagine you were drawing a chart. Across the top put three columns: legislative, administrative and judicial. Down the side put three rows: local, state and national. What is going on, in my view, is an effort to fill in those nine boxes with experimental test results. Through various demonstrations and pilot projects we are attempting to determine whether it is possible to supplement (not replace) conventional dispute resolution procedures with more consensual approaches to dealing with differences. These experiments focus on public disputes over the allocation of fixed resources, the setting of standards, and the setting of policy priorities.

Lawrence Susskind is Executive Director of the Program on Negotiation at Harvard Law School in Cambridge, Massachusetts and Professor of Urban Studies and Planning at MIT.

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Standing Committee Symposium . . . : (The Special Master as Environmental Mediator)

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