Mediation of environmental conflicts

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

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, and environmental assessments. Typically, the mediation process involves an impartial mediator with expertise in environmental matters, the interested parties and their representatives, and, of course, experts and other stakeholders in the dispute.

In this sense, the use of mediation in civil environmental disputes can constitute a completely innovative approach, safeguarding the health of ecosystems as well as productive activities. Therefore, accessing conciliation procedures in environmental matters, specifically addressing issues related to the restoration of environmental damage, allows for:

• 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
• 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 environmental mediation to be considered a "place-based" intervention, that is, an opportunity to foster social capital, civic-mindedness, and concern for common goods. Often, conflict situations evolve into legal disputes, with unpredictable outcomes, rooted in a lack of communication and trust. In environmental matters, rather than seeking a definitive solution to the problem, in some cases it is more realistic and perhaps desirable to aim for a method of coexistence that allows the parties to continue their relationship in the future and contributes to building a community among those who share the same territory.

• The complexity, needs and critical issues identified in the field of environmental litigation are numerous:
• Resolving environmental law issues requires significant and complex technical knowledge and involves 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, preventative intervention in the event of damage or risk of damage to the environment and health.
• These objectives must be achieved at lower costs (and with specific tax breaks) than the more lengthy costs of 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 work or activities, in the event of construction and/or infrastructure projects that are the subject of legal disputes.
• It is necessary to manage and contain the phenomena associated with the so-called NIMBY syndrome.
• Citizens must be supported through administrative and judicial proceedings involving large institutions and businesses, enabling a fair and in-depth discussion.
• 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. Generally, 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 various stakeholders.

• Environmental and territorial conflicts manifest themselves in very different areas:
• Transport infrastructure (roads, highways, airports, railways, ports, etc.)
• Waste management facilities (landfills, waste-to-energy plants, special and hazardous waste management)
• Remediation processes of contaminated areas
• Energy production from traditional sources
• Energy production from renewable sources and distributed generation
• Chemical plants with a high risk perception
• Management of protected areas
• 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 by way of non-exhaustive list:

• 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 issues.
• 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 in supporting environmental research projects and providing innovative solutions to environmental problems.
• Local Communities: In some situations, Environmental Mediation directly involves local communities. For example, in the event of a conflict between industrial activities and local residents, mediation
• Environmental can be useful for peaceful conflict resolution.
• 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 submit a fully completed application to provide all the information needed to identify the parties and the terms of the dispute.

The request is sent to the Organization, attaching a copy of the payment of the start-up costs, according to the Mediation Fee Table, to the current account in the name of “Organismo di Conciliazione Concordia et Ius srl” at IBAN IT 66 V 03069 04630 100000060800 in one of the following ways:

• via certified email to 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 in person at the Organization's registered office or at one of its accredited offices, and paying the setup fees via POS terminal 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 session, 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 continue with the mediation or to conclude the attempt.

If the parties decide to proceed, the mediation begins with the scheduling of one or more subsequent meetings of varying durations, agreed upon based on the needs and availability of the participants.

Only in the event of continuation beyond the first meeting will the mediation fees set out in the Price List be paid based on the value of the dispute.

In mandatory mediations, the parties must be assisted by a lawyer; in voluntary mediations, however, the parties may participate alone. The particular complexity of Environmental Mediation requires the participation of lawyers and technical consultants with high specialization in environmental matters.

From initiation to shared control methods of the agreement

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

• Identify interested stakeholders

Before initiating mediation, it is important to identify all parties involved in the environmental conflict, their concerns, and interests. This tool (stakeholder engagement), which became mandatory on March 26, 2001, the day Italy adopted the Aarhus Convention, allows for sharing and negotiation activities with all stakeholders, not just institutional ones. The Convention emphasizes that citizens must be given the opportunity to participate in decision-making processes, providing them with all necessary information, at least on environmental matters, as well as better access to information and public participation, which can improve the quality and implementation of decisions, as well as benefiting from systematically improved access to justice, including through ADR.

• Collect information

Gather information on the environmental issue at stake, such as the applicable environmental laws and regulations and the environmental impacts of the issue. Access to information and local participation are key to fostering the involvement of all stakeholders at various levels, especially during mediation.

• Identifying an experienced environmental mediator

Environmental mediation may require the presence of a professional mediator, capable of facilitating dialogue between the interested parties.

• Take advantage of technical advice

Despite the flexible procedure, given the complexity of the issues addressed, it remains essential to make these issues understandable to all participants, including the technical and/or scientific aspects.

• Confidentiality and transparency are required

This is a typical aspect of mediation that, in the environmental context, must be carefully evaluated. However, it is important to note that the conduct of negotiations, which can and must be confidential, should not be confused 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 assists the parties in drafting 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-upon solution. However, the proper implementation of the decisions made will constitute proof of its effectiveness. Therefore, it would be appropriate for the Mediation Agreement to include shared methods for monitoring and controlling the commitments made, as well as for resolving any disputes that may arise during the implementation phase.