The State of the States in Environmental Dispute Resolution:
TENNESSEE










 

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:
The Tennessee Department of Environment and Conservation (TDEC) is in the early stages of developing an EDR program. Recent re-engineering efforts have recognized the need for streamlining the environmental enforcement process. As part of this re-engineering, the TDEC recently approved the introduction of voluntary binding arbitration. Efforts to implement the program are now under way. Also, many TDEC employees have received mediation training.

Legal Authority:
TENN. SUP. CT. R. 31 (authorizing the use of ADR and creating standards of professional conduct for mediators).

Contact Information:
     Melanie Catania, Environmental Policy Analyst
     Tennessee Department of Environment and Conservation
     401 Church St., 21st Floor
     Nashville, TN 37243
     Phone: (615) 532-0739
     Fax: (615) 532-1020
     E-mail: mcatania@mail.state.tn.us

Program Summary

Presently, Tennessee is not engaging in EDR. Plans are underway, however, to incorporate EDR processes and techniques into the TDEC. Recent re-engineering efforts have focused on improving areas such as permitting and enforcement. As part of this effort, binding arbitration was adopted as a way of streamlining these processes. Binding arbitration will be available as an alternative to litigation after a case is appealed. Any party may request arbitration. If the request is approved and all parties agree, the case will be resolved through binding arbitration and all further rights to appeal will be waived. Neutrals may be provided by the TDEC or by an outside source, depending on availability and funding. The TDEC is also investigating the potential use of mediation, and many TDEC employees have received mediation training.

Lessons Learned

  • Binding arbitration has been met with some fear on the part of TDEC staff and the regulated community because it is different from the "usual" process. There is a need to educate all parties.
  • A barrier to mediation is the credibility of state agencies in providing neutrals.
  • Support from high-level officials within the TDEC—e.g., the General Counsel or the Commissioner—has been important in starting the program.
  • The Policy Consensus Initiative has been very supportive, offering free advice and mediation training.

Further Information

Offices

Tennessee ADR Commission, Nashville City Center, Suite 600, Nashville, TN 37243-0607, Phone: (615) 741-2687.

National Center for Environmental Decision-Making Research, University of Tennessee, 314 UT Conference Center Bldg., Knoxville, TN 37996-4138, Phone: (423) 974-3939, Website: http://www.ncedr.org

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