The State of the States in Environmental Dispute Resolution:
PENNSYLVANIA

Status:
The Pennsylvania Department of Environmental Protection (DEP) offers two types of environmental dispute resolution services, facilitation and mediation, through its Training and ADR Services Division. Facilitation is used primarily to assist public decisionmaking meetings and to a limited extent with regulatory negotiations. Mediation is used to resolve more specific conflicts, with primarily in-house mediators helping the parties reach their own agreements.

Legal Authority:
PA. STAT. ANN. tit. 35, § 6020.708 (West 1993) (authorizing mediation, arbitration, or similar procedures when more than one person may be liable under the state’s hazardous sites cleanup laws); PA. STAT. ANN. tit. 35, § 6020.902(9) (West 1993) (authorizing the expenditure of funds on "environmental mediation" regarding cleanup of hazardous sites); PA. STAT. ANN. tit. 35, § 6022.210(d) (West 1993) (permitting arbitration of disputes relating to response costs arising from the release of hazardous materials); PA. STAT. ANN. tit. 42, § 5949 (West 1998) (making mediation communications privileged); PA. STAT. ANN. tit. 42, §§ 7301–7362 (West 1998) (codifying the Pennsylvania Uniform Arbitration Act, which authorizes the use of arbitration agreements and establishes law governing the validity of and procedure used in arbitrations).

Contact Information:
     Karen Mitchell, Manager
     Training and ADR Services Division
     Department of Environmental Protection
     400 Market Street
     Harrisburg, PA 17105
     Phone: (717) 783-5787
     Fax: (717) 787-2938
     E-mail: mitchell_karen@dep.state.pa.us

Program Summary

The Pennsylvania DEP offers two types of environmental ADR services, facilitation and mediation, through its Training and ADR Services Division. The program began three years ago as a facilitation program in response to the need for better public participation in decisionmaking and conflict resolution. Initially, the program was contracted out, but then the DEP decided to bring it in-house and expand services to include mediation. Pennsylvania’s program was the brain-child of "a small group of champions"—about a half-dozen middle managers in the DEP. The program did not begin to flourish until a new governor and new departmental leadership took an active interest in it.

Today, the program is almost entirely run in-house, with contractors being used only when parties are concerned about neutrality or the case is beyond the abilities of the DEP. With facilitation, the focus is on assisting small or large groups—often involving the public or regulated groups—in working together more collaboratively. In mediation, the focus is on helping the parties in a specific dispute work together to reach an agreement. The program is working to change the DEP’s philosophy away from resolving conflict through litigation toward helping those who want to comply, while saving enforcement tools for companies intent on avoiding compliance.

• The best way to combat resistance to EDR programs is to work with people already interested in the project. Do not waste efforts trying to convince people who are not interested; let them come around later.
• "Go the direction the horse is taking you."
• It is very difficult to implement a program when the top level of the organization is not interested. "Lip service is not enough." High-level commitment is essential.
• It takes some people within the agency a long time to get used to the idea of EDR. They may feel comfortable with the status quo and not see the need for change.

Publications

Fact sheets about the Pennsylvania program are available by contacting the Training and ADR Services Division of the Department of Environmental Protection at (717) 783-2020
or at the following Website: http://www.dep.state.pa.us/info_subject/ fac_med/fac_med.htm

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