Mediation of environmental conflicts

Environmental Conflict Mediation is a dispute resolution process involving the environment or ecological issues, in which a neutral and experienced environmental mediator works with the conflicting parties to help them reach an agreement. The goal of Environmental Mediation is to promote cooperation and understanding between the various parties involved in an environmental conflict, allowing each party to express their concerns, needs and interests, and seeking to find common ground for dialogue. In this way, Mediation usually leads to more lasting and less costly solutions than a judicial resolution of the conflict.

Environmental Mediation can be useful in a variety of situations, such as conflicts over land use, natural resource management, biodiversity protection, air or water protection, environmental assessment. Typically, the Mediation process involves an impartial and experienced environmental Mediator, the interested parties and their representatives, and certainly experts and other stakeholders in the dispute.

In this sense, the use of Mediation, in the context of civil environmental disputes, can therefore constitute a totally innovative approach, to safeguard the health of ecosystems but also of productive activities. Therefore, accessing conciliatory procedures in environmental matters and with specific reference to issues related to the restoration of environmental damage allows:

• Solving the environmental problem through concrete solutions
• Obtain solutions that adhere to the specificities of the dispute identified directly by the parties
• Satisfy the real interests and needs of the parties underlying the dispute
• Achieving the primary objective: restoring the original conditions
• Intervene promptly and use an active tool for prevention
• Achieving these goals with lower costs, tax breaks and greater confidentiality
• To avoid the risk, for economic operators and local authorities, of interruption or suspension of
• works, in the case of construction of building and/or infrastructure works
• Improve relationships between the parties, the image of all those involved and create consensus
• Create job opportunities and often new relationships

Definition of environmental conflict

By its very nature, an environmental conflict refers to a “place” and this allows us to consider Environmental Mediation also as a “place based” intervention, or as an opportunity to promote social capital, civic spirit, and care for common goods. Often there are conflict situations that evolve into legal disputes, with an unpredictable outcome, which are based on a lack of communication and a lack of trust. In environmental matters, rather than a definitive solution to the problem, in some cases, it is more realistic and perhaps desirable to aim at building a method of coexistence that allows the continuation of the relationship between the parties also in the future and that contributes to the construction of a community between subjects who share the same territory.

• The complexity, needs and critical issues identified in the field of environmental litigation are numerous:
• The resolution of problems related to environmental law involves significant and complex technical knowledge and concerns interests (often perceived as conflicting) of constitutional relevance.
• The need to address the difficulties in quantifying environmental damage.
• Environmental conflicts almost always require timely and, if possible, preventive intervention in the event of damage or risk of damage to the environment and health.
• It is necessary to be able to achieve these objectives at lower costs (and with specific tax breaks) than the longer costs of legal litigation and with a greater degree of confidentiality.
• It is urgent to reduce the risk, for economic operators and Local Authorities, of interruption or suspension of works or activities, in the event of the construction of building and/or infrastructure works that are the subject of legal disputes.
• It is necessary to manage and contain the phenomena connected to the so-called NIMBY syndrome.
• We need to be able to accompany the citizen in the administrative and judicial proceedings that see him oppose large institutions and companies, to allow an equal and profound comparison.
• It is necessary to improve the image of all those involved in environmental conflicts.
• There is a need for greater transparency, openness to dialogue, ethical commitment and sustainability in land management.
• We must promote the culture of dialogue rather than that of conflict, the care of the common good rather than the senseless exploitation of the (exhaustible) resources at our disposal and access to
• environmental information to ensure a serious and informed dialogue.

Who is it for?

Environmental Mediation is aimed at all parties involved in an environmental dispute or conflict, such as local communities, businesses, consumers, civil society organizations, local and national governments, and other interested stakeholders involved in a commercial dispute both nationally and internationally. Environmental Mediation is used to resolve conflicts related to the use of natural resources, waste management, environmental protection and land use planning, among other environmental issues. In general, Environmental Mediation aims to facilitate dialogue between all parties involved to reach a shared agreement that takes into account the environmental concerns and interests of the different stakeholders.

• Environmental and territorial conflicts manifest themselves in very different contexts:
• Transport infrastructure (roads, highways, airports, railways, ports ...)
• Waste management plants (landfills, waste-to-energy plants, special and hazardous waste management)
• Remediation processes of contaminated portions of land
• Energy production from traditional sources
• Energy production from renewable sources and distributed generation
• Chemical plants with a high risk perception
• Protected Area Management
• Large and small urban transformation and redevelopment projects
• Major events

The interlocutors of Environmental Mediation in Sicily can be multiple depending on the specific situation and are indicated in a non-exhaustive way:

• Local environmental authorities: This group includes bodies such as the Regional Department of Territory and Environment, ARPAC Sicily, the Etna Park and other local bodies that deal with environmental aspects.
• Non-Governmental Organizations: Non-Governmental Organizations (NGOs) such as WWF, Legambiente, Greenpeace, etc. are active in Sicily and can be important interlocutors in various situations requiring Environmental Mediation.
• University institutions: University institutions such as the University of Palermo, the University of Catania, the University of Messina, the Free University of Enna Kore, and other institutions can be important interlocutors to support environmental research projects and to provide innovative solutions to environmental problems.
• Local Communities: In some situations, Environmental Mediation directly involves local communities. For example, in the case of conflict between industrial activities and local residents, Environmental Mediation
• Environmental can be useful for peaceful resolution of conflict.
• Private Sector Companies and Organizations: There are private sector companies and organizations that are interested in environmental protection and can collaborate with local institutions to promote sustainable solutions to environmental problems.

How to Start an Environmental Mediation

The procedure is no different from that of traditional mediation.

Anyone who intends to initiate mediation must file a fully completed application to provide all the information needed to identify the parties and the terms of the dispute.

It transmits it to the Organization, attaching a copy of the payment of the start-up costs, according to the Table of Mediation Fees, to the current account in the name of “Organismo di Conciliazione Concordia et Ius srl” at IBAN IT 56 U 03069 04601 100000006777 in one of the following ways:

• via PEC to the address concordiaetius@mypec.eu
• by email to info@concordiaetius.it
• by fax to 091.772.5972
• by registered mail with return receipt to the address of the Conciliation Body Concordia et Ius srl, in via G. Sciuti, n. 164, 90144 - Palermo
• by filing the mediation application by going in person to the Legal Headquarters of the Organization or to one of the accredited offices, providing for the payment of the start-up costs via POS or in cash if you have not already done so via bank transfer.

The Secretariat will communicate the acceptance of the case, the date of the first meeting and the name of the appointed Mediator and will invite the parties to the first Mediation meeting.

The first Mediation meeting is an informative moment, lasting one hour, which normally takes place within 30 days of filing the application, at the end of which the parties must express to the Mediator their willingness to follow through with the mediation or to conclude the attempt.

If the parties decide to continue, the Mediation begins with the setting of one or more subsequent meetings of different durations agreed upon in compliance with the needs and availability of the participants.

Only in the event of continuation beyond the first meeting will the Mediation fees provided for in the Price List be paid based on the value of the dispute.

In mandatory Mediations it is necessary for the parties to be assisted by a Lawyer; in voluntary Mediations, however, the parties can participate alone. The particular complexity of Environmental Mediation suggests the participation of Lawyers and Technical Consultants highly specialized in environmental matters.

From the start to shared ways of controlling the agreement

Before starting an Environmental Mediation, however, it is necessary to follow some fundamental steps:

• Identify interested stakeholders

Before starting a Mediation, it is important to identify all the parties involved in the environmental conflict, their concerns and interests. This tool (stakeholders engagement) became mandatory on March 26, 2001, the day Italy adopted the Aarhus Convention, and allows for sharing and negotiation activities to be started with the actors involved, not only the institutional ones. The Convention emphasizes that citizens must be given the opportunity to participate in decision-making processes, providing them with all the necessary information at least on environmental matters, and also better access to information and public participation, which can improve the quality and application of decisions as well as being able to benefit from a systematic improvement in access to justice, including in ADR mode.

• Collect information

Gather information on the environmental issue in dispute, such as the environmental laws and regulations that apply to the situation and the environmental impacts of the issue. It is precisely through access to information and local participation that the involvement of all actors at different levels is triggered, especially in Mediation.

• Identifying an Experienced Environmental Mediator

Environmental mediation may require the presence of a professional Mediator, able to facilitate dialogue between the interested parties.

• Take advantage of technical advice

Even within the framework of a flexible procedure, given the complexity of the issues addressed, the need to make these understandable to all participants, including the technical and/or scientific aspects, remains firm.

• Confidentiality and transparency are needed

It is a typical element of Mediation that, in the environmental context, must be carefully evaluated. It is good to specify, however, that one must not confuse the conduct of negotiations, which can and must be confidential, with the outcome of the negotiation itself, which must not only be made public, but also adequately communicated.

• Organize a preliminary session

With the assistance of the Mediator, organize a preliminary session with all stakeholders to identify key issues and ensure that all participants have a common understanding of the environmental issue.

• Conduct mediation sessions

Once preparations are complete, the Mediator organizes Mediation sessions in which the interested parties discuss and negotiate a solution that satisfies the concerns and interests of all parties involved.

• Drafting an agreement

At the end of the Mediation sessions, the Mediator helps the parties draft a written agreement describing the agreed upon solution to the environmental dispute.

• Implement the solution

After the agreement is signed, the parties involved work together to implement the agreed solution. However, the correct execution of the decisions taken will constitute proof of its effectiveness. Therefore, it would be appropriate for the Mediation agreement to include shared methods of control and monitoring of the commitments undertaken, as well as of resolution of disputes that may arise during the execution phase.