The
State of the States in Environmental Dispute Resolution:
OKLAHOMA
| 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:
Oklahoma has an active EDR system centrally administered through the Oklahoma
Administrative Office of the Courts. Most, if not all, environmental disputes are handled
through the Oklahoma Agriculture Mediation Program (OAMP), which is part of the larger EDR
system but sponsored by the Oklahoma Department of Agriculture.
Legal Authority:
OKLA. STAT. ANN. tit. 12, §§ 1801–1813 (West 1993 & Supp. 1999) (codifying
the Oklahoma Dispute Resolution Act, which authorizes the establishment of mediation
programs, a Dispute Resolution Advisory Board, and a Dispute Resolution System Revolving
Fund); OKLA. STAT. ANN. tit. 12, §§ 1821–1825 (West Supp. 1999) (authorizing
court-connected mediation); OKLA. STAT. ANN. tit. 15, §§ 801–818 (West 1993)
(codifying the Oklahoma Uniform Arbitration Act, which authorizes the use of arbitration
agreements and establishes law governing the validity of and procedure used in
arbitrations).
Contact Information:
Sue Darst Tate, Director
Oklahoma Administrative Office of the Courts, ADR System
1915 N. Stiles, Suite 305
Oklahoma City, OK 73105
Phone: (405) 521-2450
Fax: (405) 521-6518
Program Summary Oklahoma Agriculture Mediation Program
Although originally developed to mainly handle agricultural disputes, the OAMP has expanded to include environmental disputes that are related to agriculture in some way. The program continues to grow and expand in the scope and quantity of environmental disputes mediated. Presently, many federal, state, and municipal agencies use the services of the OAMP to resolve environmental disputes, including the United States EPA, the United States Department of Agriculture, the Oklahoma Department of Environmental Quality, the Oklahoma Water Resources Board, and the Oklahoma Department of Agriculture.
The agencies that use the services of the OAMP have different standards and procedures for deciding to mediate a dispute; some are formal, while others are informal. However, the growth in use of mediation here is mainly due to referrals from participants and agencies with positive prior experiences.
The OAMP hopes to continue to expand the scope of environmental disputes it mediates to eventually include complex issues including hazardous materials and Superfund liability.
Lessons Learned
-
Focus on the appropriateness of what can
be mediated and avoid issues that are overly sensitive to the community and local culture.
- The importance of confidentiality cannot be overstated, and any program must work hard to prevent others from inappropriately sharing information.
- Although some elected officials have been slow to support the program, they have eventually become some of the best sources of support, especially those officials who have seen or been through the process.
Further Information
People
Weldon Schieffer, Oklahoma Agriculture Mediation Program, 2302 W. 7th, Stillwater, OK 74074, Phone: (405) 377-1015, Fax: (405) 377-1048.Publications
Further information about the Oklahoma Administrative Office of the Courts is available at the following Website: http://www.oscn.state.ok.us/ADR/background.htm
Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 -
Indiana University, Bloomington