Mediation of environmental conflicts

Environmental Conflict Mediation is a dispute resolution process relating to the environment or ecological issues, in which a neutral Mediator and environmental expert works with the conflicting parties to help them reach an agreement. The objective of Environmental Mediation is to promote cooperation and understanding between the various parties involved in an environmental conflict, allowing each to express their concerns, needs and interests, and trying to find a 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 concerning land use, management of natural resources, biodiversity protection, air or water protection, environmental assessment. Typically, the mediation process involves an experienced and impartial environmental mediator, the interested parties and their representatives, and of course the experts and other stakeholders in the dispute.

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

Solve the environmental problem through concrete solutions Obtain solutions adhering to the specificities of the dispute identified directly by the parties Satisfy the real interests and needs of the parties underlying the dispute Achieve the primary objective: the restoration of the original conditions Intervene in a timely manner and use an active tool for preventionAchieve these objectives with lower costs, with tax breaks and with greater confidentialityAvoid the risk, for economic operators and Local Authorities, of interruption or suspension of works, in the case of construction and/or infrastructural worksImprove relations between the parties, the image of all involved and create consensusCreate job opportunities and often new relationships

Definition of environmental conflict

By its 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, care for common goods. There are often conflicting 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 the construction of a method of coexistence that allows the continuation of the relationship between the parties also in the future and which contributes to the construction of a community between individuals who share the same territory.

The complexity, needs and criticalities identified in the field of environmental litigation are manifold: The resolution of problems connected to environmental law implies important and complex technical knowledge and pertains to interests, (often perceived as opposing) of constitutional relevance. The need to faced with the difficulties in quantifying damage to the environment. Environmental conflicts almost always require timely and, possibly, 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 with costs lower (and with specific tax breaks) than the longer ones of judicial 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 construction and/or infrastructural works subject to judicial dispute. It is necessary to manage and contain the phenomena connected to the so-called NIMBY syndrome. It is necessary to be able to accompany the citizen in administrative and judicial proceedings which see him oppose institutions and large companies, to allow for an equal and profound confrontation. It is necessary to improve the image of all those involved in environmental conflicts. Yes feels the need for greater transparency, openness to dialogue, ethical commitment and sustainability in land management. The culture of dialogue must be favored over that of conflict, care for the common good over the senseless exploitation of the (exhaustible) resources we have and access to environmental information to guarantee 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 trade dispute both nationally and international. Environmental Mediation is used to resolve conflicts related to the use of natural resources, waste management, environmental protection and spatial planning, among other environmental problems. In general, Environmental Mediation aims to facilitate the 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 occur in very different areas:Transport infrastructures (roads, motorways, airports, railways, ports ...)Waste management plants (landfills, waste-to-energy plants, management of special and dangerous waste)Remediation processes of polluted portions of landProduction of energy from traditional sourcesProduction of energy from renewable sources and diffuse generationChemical plants with a high perception of riskManagement of protected areasLarge and small urban transformation and redevelopment projectsMajor events

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

Local environmental authorities: This group includes bodies such as the Assessorato Regionale Territorio e Ambiente, ARPAC Sicilia, Parco dell'Etna and other local bodies that deal with environmental aspects. Non-governmental organizations: Non-governmental organizations (NGOs) such as the WWF, Legambiente, Greenpeace, etc. They are active in Sicily and can be important interlocutors in various situations that require 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 case of conflict between industrial businesses and local residents, Environmental Mediation can be useful for the peaceful resolution of the 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 mediations.

Who intends to start a mediation, deposits an application completed in all its parts in order to provide all the information to identify the parties and the terms of the dispute.

He sends it to the Body, attaching a copy of the payment of the start-up expenses, according to the Table of Mediation allowances, 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 mode:

by PEC to the address concordiaetius@mypec.eu by mail to the address 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 request for mediation by personally going to the Registered Office of the Body or to one of the accredited offices, and paying the start-up costs via POS or in cash if you have not already done so by bank transfer.

The Secretariat will communicate the acceptance of the file, 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 information session, lasting one hour, which normally takes place within 30 days of filing the application, at the end of which the parties must inform the Mediator of their willingness to continue the mediation or conclude the attempt.

If the parties decide to continue, the Mediation begins with the scheduling of one or more successive meetings of different lengths agreed in accordance with the needs and availability of the participants.

Only in case of continuation beyond the first meeting will the Mediation indemnities foreseen by the Tariff 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, on the other hand, the parties can participate on their own. The particular complexity of Environmental Mediation suggests the participation of highly specialized lawyers and technical consultants in environmental matters.

From initiation 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 parties involved in the environmental conflict, their concerns and interests. This instrument (stakeholders engagement) which became mandatory on 26 March 2001, the day on which Italy adopted the Aarhus Convention, allows for the initiation of sharing and negotiation activities with the actors involved, not just the institutional ones. The Convention underlines 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 take advantage of a systematic improvement of access to justice, also in ADR mode.

Collect information

Gather information about the environmental issue under 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, above all in the mediation stage.

Identify an Ombudsman expert in environmental matters

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

Get technical advice

Even within the ambit of a flexible procedure, given the complexity of the issues addressed, the need to make these comprehensible to all participants also in the technical and/or scientific aspects remains unchanged.

We need confidentiality and transparency

It is a typical element of Mediation which, in the environmental context, must be carefully evaluated. However, it should be specified 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 Ombudsman's assistance, organize a kick-off 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 the preparations are complete, the Ombudsman organizes Mediation sessions in which 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 draw up a written agreement describing the agreed solution to the environmental dispute.

Implement the solution

After the agreement is signed, the interested parties 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 provide for shared methods of control and monitoring of the commitments undertaken, as well as the resolution of disputes that may emerge in the executive phase.