Indiana Conflict Resolution Institute
 Project: Environmental Conflict Resolution










 

 

 
Projects: United States Postal Service Employment Arbitration Indiana Dept. of Env. Management Indiana ADR Providers Shared Neutrals Program U.S. Dept. of Justice

U.S. Env. Protection Agency

Environmental

Conflict

Resolution

Occupational Safety & Health Review Commission

 National Institutes of Health Focus Groups Sessions U.S. Dept. of Agriculture Other

 

The Promise and Performance of Environmental Conflict Resolution

The Institute organized and sponsored a conference on Evaluating Environmental Conflict Resolution in March 2001 in Washington, D.C. Scholars, government agency representatives, and practitioners in the area of environmental conflict resolution (ECR) were invited to discuss and present their research on this important topic. The positive response to the conference prompted Rosemary O’Leary and Lisa Bingham to collect the presented papers and publish them in an edited volume entitled, The Promise and Performance of Environmental Conflict Resolution. Resources for the Future Press published the book in the summer of 2003.

Environmental Attorneys

In 2000, the Institute worked in cooperation with the American Bar Association Section on the Environment, Energy, and Resources to mail surveys to environmental attorneys in 50 states. The response rate (34%) represents attorneys from 48 states from the public, private, and non-profit sectors.  Analysis of the responses has generated fruitful studies and valuable information.  Institute staff plan to replicate the study in five years, and again in ten years, to ascertain the extent to which attorneys’ views of ADR are changing.  This year, researchers published initial survey results.

State of the States in Environmental Conflict Resolution

Each of the 50 states approaches the use of environmental dispute resolution techniques in a myriad of ways. Certain states have strict government policies mandating how such disputes should be resolved. Other states make use of private and non-profit organizations to assist in solving environmental disputes. To contribute to the existing knowledge base of various environmental dispute resolution techniques in each of the states, the Indiana Conflict Resolution Institute (ICRI) is conducting a multi-year study of "the state of the states".

This project is aimed at evaluating the use of environmental conflict resolution (ECR) in each of the fifty U.S. states.  The research design provides for a “multi-year” study of ECR to examine the evolution of ECR techniques and use in each state and ascertain the perceived qualitative benefits of these practices. Data collection and analysis for the first national survey were completed in 1999.  The Institute is currently preparing to administer the 2003 round of surveys. The final round of survey administration will be conducted in 2008.  Some of the research questions are:

  • Which states have formal programs that utilize appropriate dispute resolution techniques in the resolution of environmental conflicts?
  • What is the nature of the formal state programs that utilize appropriate dispute resolution techniques in the resolution of environmental conflicts?
  • What are the qualitative benefits of the use by States of various dispute resolution techniques in the resolution of environmental conflicts?
  • What works and what doesn’t? Are there lessons learned that can be communicated from state to state that will improve environmental dispute resolution processes and programs?
  • How have these programs and perceived benefits changed over time, as measured in the years 1998, 2003, and 2008?

This study should provide further, extensive information to add to the knowledge base of other research already conducted by ICRI staff. Additionally, these results will assist states in comparing and modifying their own methods for resolving environmental disputes.  The 1998 surveys were published in Volume 14, Number 2 of the Ohio State Journal on Dispute Resolution.  

Click here to download the full report in Microsoft Word:
State of the States Report or

Click here to view the material on-line:
State of the States Report (html)

United States Institute of Environmental Conflict Resolution (USIECR)

In response to Institute projects with the Department of Justice, the USIECR contracted with ICRI to collect information regarding the potential need for environmental conflict resolution (ECR) services across a variety of federal agencies. Researchers from ICRI, in collaboration with officials from USIECR, identified several agencies for study.  The needs assessment will identify in each agency where possible, the current levels and scope of ECR use, potential opportunities for the future use of ECR, and barriers to the implementation of ECR programs. The study will also assist the USIECR in meeting and furthering its congressional mandate. The study is ongoing, although several factors have slowed the pace of the study, including the delay in political appointments by the current administration.

As a supplementary project, USIECR has asked the Institute to create a database of ECR providers and programs within the federal government.  This work has been completed.

Indiana Conflict Resolution Institute
Last updated: July 30, 2004
Comments: ICRI Administrator
Copyright 1999 - Indiana University, Bloomington