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Research Report: Control, Communication, and Power: A Study of the Use of Alternative Dispute Resolution of Enforcement Actions at the U.S. Environmental Protection Agency.
Author(s) -
Bourdeaux Carolyn,
O'Leary Rosemary,
Thornburgh Richard
Publication year - 2001
Publication title -
negotiation journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.238
H-Index - 32
eISSN - 1571-9979
pISSN - 0748-4526
DOI - 10.1111/j.1571-9979.2001.tb00234.x
Subject(s) - agency (philosophy) , enforcement , dispute resolution , alternative dispute resolution , dispute mechanism , resolution (logic) , political science , law and economics , conflict resolution , power (physics) , public relations , law , sociology , computer science , social science , physics , quantum mechanics , artificial intelligence
Two decades after pioneering the use of alternative dispute resolution techniques, practices, and processes, the U.S. Environmental Protection Agency (EPA) has emerged as the leader among federal agencies. As such, the EPA provides a suerful setting for testing conventional wisdoem and theories about alternative dispute resolution. This essay takes data collected as a part of an assessment of the agency's enforcement ADR program and examines how well it reflects or illuminates current theory and conventional wisdom about conflict resolution. In particular, we examine why parties to a dispute choose ADR, and the key elements needed for the successful resolution of environmental conflicts, including the dynamics between the parties at the table and mediator characteristics.