The
State of the States in Environmental Dispute Resolution:
NEBRASKA
| 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 | National Institutes of Health | Focus Groups Sessions |
Status:
The Nebraska Office of Dispute Resolution (NODR) is the primary advocate for ADR in
Nebraska. In addition to offering training and overseeing the development of
state-approved mediation centers around the state, NODR coordinates mediation projects
with state agencies, including the Department of Environmental Quality.
Legal Authority:
NEB. REV. STAT. §§ 25-2601 to -2618.01 (Supp. 1998) (codifying the Nebraska Uniform
Arbitration Act, which authorizes the use of arbitration agreements and establishes law
governing the validity of and procedure used in arbitrations); NEB. REV. STAT.
§§ 25-2901 to -2921 (Supp. 1998) (codifying the Nebraska Dispute Resolution Act,
which promotes and assists with the establishment of ADR centers statewide and of
guidelines and educational curricula for mediators).
Contact Information:
Kathleen Severens
Nebraska Office of Dispute Resolution
P.O. Box 98910
Lincoln, NE 68509-8910
Phone: (402) 427-3148
Fax: (402) 471-2197
Program Summary
Nebraska Office of Dispute Resolution:Currently there is no formal process for referring environmental disputes to ADR. However, the NODR has helped to coordinate dispute resolution efforts within various state agencies, including efforts to help resolve environmental disputes with the Department of Environmental Quality. One such project, now in its second year, was specifically designed to help facilitate a particularly difficult and ongoing discussion regarding leaking underground storage tanks. In addition, the NODR has helped resolve environmental disputes referred by the Governor’s Office and water resource organizations as well as some third-party private disputes.
Lessons Learned
-
EDR programs that merge new processes
with traditional procedures can result in different expectations by the various parties.
It is important that there is consensus on the process before proceeding.
- When working within the context of a lawsuit, EDR processes may be less collaborative than for those cases that apply EDR early in the dispute.
- Efforts need to be made to teach agencies how to use and institutionalize EDR.
Further Information
Publications
NODR has prepared an annual report detailing its history, programs, services, and case statistics. This report may be obtained by writing to Kathleen Severens at the address cited above.Elizabeth R. Kosier, Mediation in Nebraska: An Innovative Past, a Spirited Present, and a Provocative Future, 31 Creighton L. Rev. 183 (1997).
Mark R. Privratsky, A Practitioner’s Guide to General Order 95-10: Mediation Plan for the United States District Court of Nebraska, 75 Neb. L. Rev. 91 (1996).
Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 -
Indiana University, Bloomington