Back to Publications

Effective Dispute Resolution in Natural Resources and Environmental Cases

Daniel C. Himelspach, Leslie M. Lawson, Natural Resources & Environmental Litigation II (1996)

Lawyers and judges have the responsibility to design and implement a dispute resolution system that is fair, accessible, time and cost efficient, user friendly and responsive to the needs of our citizens. In the most fundamental of terms, this effort is what the proliferation of ADR methods is all about.

This article will discuss the dispute resolution techniques and settlement tools used in resolving natural resources and environmental disputes. The focus is placed on mediation of these disputes. However it is important to understand that the first imperative in any type of case is to understand the ADR process. If the process is understood, application of the process to a natural resources or environmental dispute is a follow-up that is not difficult if the third party neutral has some familiarity with the law and the industry.