Alternative Dispute Resolution

“Conflict is a clash of interests, values, actions or directions, and has been a part of life since time began” (Johnson and Duinker, 1993: 17; Box 11.2). Thus, conflicts are inescapable, but they can be positive as well as negative. Positive aspects occur when conflict helps to identify a process for resource and environmental management which is not working effectively, to highlight poorly developed ideas or inadequate or misleading information, and to draw attention to misunderstandings. Conflict also can be helpful when, by questioning the status quo, it leads to new creative approaches. In contrast, conflict can be negative if it is ignored or consciously set aside. “An unresolved conflict breeds mis-information, misunderstanding, mistrust and biases. A conflict is bad when it allows higher and stronger barriers to be built up between the involved parties” (Johnson and Duinker, 1993: 19). Box 11.1 Resolving conflicts

Conflict resolution, or alternative dispute resolution (ADR), techniques are intended to facilitate consensus decision making by disputing parties, thereby avoiding legal or administrative proceedings to resolve disputes. Some characteristics of this group of techniques include: (1) focusing on the underlying interests of the disputing parties, rather than on their bargaining positions; (2) using creative thinking to dovetail unlike interests, preferences, capabilities, and risk tolerances and change disputes from zero-sum games to situations with the potential for joint gains; (3) appealing to jointly-accepted objective standards for apportioning gains; and (4) requiring consensus among parties to a decision, rather than majority rule. An independent mediator is often used to direct the process of dispute resolution.

Source: Maguire and Boiney, 1994: 33. Box 11.2 Conflict is common

Environmental assessment is often characterized by conflict and controversy…. This is an inevitable consequence of the differences in values and interests that exist in a pluralistic society with respect to the use and management of land, water and other natural resources. Dispute settlement is usually difficult to achieve for two inter-related reasons: first, the benefits and costs of development are unevenly distributed and include intangibles that are hard to evaluate and compare; and, second, many affected and interested parties with diverse views and interpretations are often involved.

Source: Sadler and Armour, 1987: 1.