The
State of the States in Environmental Dispute Resolution:
NEW HAMPSHIRE
| 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 New Hampshire Department of Environmental Services (DES) uses informal negotiations to
conduct its rulemaking.
Legal Authority:
N.H. REV. STAT. ANN. §§ 541-A:1 to :41 (1997 & Supp. 1998) (codifying the New
Hampshire Administrative Procedure Act); N.H. SUPER. CT. R. 170 (mandating that all civil
cases be sent to ADR, establishing qualifications for neutrals, and establishing
procedures for various ADR programs).
Contact Information:
Gretchen Rule
Department of Environmental Services
6 Hazen Dr.
Concord, NH 03301
Phone: (603) 271-3503
Fax: (603) 271-2867
Program Summary Department of Environmental Services
At the directive of its Commissioner, the DES uses informal workgroups comprised of affected parties prior to initiating formal rulemakings. Anyone who wishes to participate in the rulemaking process is welcome to do so. The DES uses a facilitator for particularly controversial rules, but this is unusual. The DES considers its informal negotiation process successful and as a result does not place a high priority on developing a more formal program.
The DES attempts to negotiate resolution in most administrative and judicial enforcement cases, but does not use formal EDR processes. The DES is willing to consider formal EDR in a litigation context, but to date no case has arisen that appears appropriate for such procedures.
Program on Consensus and Conflict Resolution
The Program on Consensus and Conflict Resolution at the University of New Hampshire
(Program) contracts with certain state agencies to provide facilitation, consensus
building, strategic planning, and other dispute resolution services. The Program focuses
on environmental issues as well as transportation issues, intergovernmental issues, and
other public policy disputes.
New Hampshire Superior Court
New Hampshire Superior Court rules have been adopted to govern the use of ADR, but the
rules do not expressly mention environmental cases. These rules allow for neutral
evaluation, mediation, and nonbinding and binding arbitration at the parties’ choice.
Lessons Learned
-
The DES is willing to involve anyone who
is affected by a rulemaking in a prerulemaking group. This obviates the need for more
formal procedures.
- A pre-existing working relationship between the agency, the environmental community, and business and industry is very beneficial and generally allows rulemaking to proceed more expeditiously.
- Issues that are controversial because of their substantive nature are difficult to solve, regardless of the procedures in place.
Further Information
Offices
Program on Consensus and Conflict Resolution, Room 211, Thompson Hall, University of New Hampshire, Durham, NH 03824.
Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 -
Indiana University, Bloomington