The State of the States in Environmental Dispute Resolution:
NORTH DAKOTA










 

Current Projects: United States Postal Service Employment Arbitration Indiana Dept of Env. Management Indiana ADR Providers Shared Neutrals Pilot  U.S. Dept. of Justice
Completed Projects: U.S. Env. Protection Agency EDR State of States 

Occupational Safety & Health Review Commission

 National Institutes of Health Focus Groups Sessions  

Status:
Currently, there are no formal programs or state-sponsored initiatives to use or implement EDR in North Dakota. Even so, there have been a number of instances where state and federal officials have used EDR techniques to resolve environmental disputes on a case-by-case basis.

Legal Authority:
N.D. CENT. CODE §§ 32-29.2-01 to -20 (1996) (codifying the North Dakota Uniform Arbitration Act, which authorizes the use of arbitration agreements and establishes law governing the validity of and procedure used in arbitrations).

Contact Information:
     Bill Goetz, Chief of Staff
     North Dakota Governor’s Office
     600 E. Boulevard Ave.
     Bismarck, ND 58505
     Phone: (701) 328-2200
     Fax: (701) 328-2205

Program Summary

North Dakota has no formal programs for the use of EDR. Some use of EDR has taken place, mainly on large-scale issues, but the decision to use EDR has always been made on an informal, case-by-case basis.

Lessons Learned

  • It can be very difficult for state agencies to take the lead role in using EDR because they sometimes lack the perceived neutrality to be successful.
  • Obtaining funding for EDR programs can be very difficult, especially in a rural state.
  • Federal agencies can be a particularly good source of support for using EDR and creating EDR programs.

Further Information

People

Brad Crabtree, North Dakota Consensus Council, 1003 Interstate Ave., Suite 7, Bismark, ND 58501-0500, Phone: (701) 224-0588, Fax: (701) 224-0787.

Publications

James E. Smith, Don’t Rush to Justice: An Argument Against Binding North Dakota Courts to Arbitration, 73 N.D. L. REV. 459 (1997).

Lynn A. Kerbeshian, ADR: To Be Or . . . ?, 70 N.D. L. REV. 381 (1994).

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