The State of the States in Environmental Dispute Resolution:
VIRGINIA










 

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:
In 1997, the Virginia General Assembly passed legislation supporting EDR. However, EDR programs are best described as ad hoc. State agencies consult university-based and private mediators as needed. EDR processes used in Virginia include consensus building, training, convening, conflict assessment, visioning, and mediation over issues of water, land-use, permits, development, and facility siting.

Legal Authority:
VA. CODE ANN. § 10.1-1186.3 (Michie 1998) (authorizing, in certain circumstances, the use of mediation or other forms of dispute resolution in connection with environmental matters); VA. CODE ANN. § 11.71.1 (Michie Supp. 1998) (authorizing public bodies to agree to submit to ADR any disputes arising out of contracts entered into under the Virginia Public Procurement Act).

Contact Information:
     Richard Collins or Tanya Denckla
     Institute for Environmental Negotiation
     University of Virginia
     164 Rugby Rd.
     Charlottesville, VA 22903
     Phone: (804) 924-1970
     Fax: (804) 924-0231
     E-mail: Rcc3f@viginia.edu

Program Summary

In 1997, the Virginia General Assembly passed legislation supporting the use of ADR by state agencies. However, at this time, no agency administers its own EDR program. Instead, the Institute for Environmental Negotiation at the University of Virginia often provides information and support for EDR programs within the state. Throughout the state there is a growing awareness of EDR and an increasing interest in state agencies using the processes and techniques.

Most EDR cases are initiated by public agencies at the state or local level. Participants in environmental negotiations usually include state agencies, economic interests, environmental stakeholders, local governments, and citizens.

Lessons Learned

  • Make sure that the right people are participating in negotiations. Do not arbitrarily exclude groups.
  • Spend ample time talking with parties to avoid surprises.
  • Adequate technical support is essential—e.g., a laptop and a printer for crafting agreements and a person to write visual notes on boards.
  • If a group adopts consensus as a model before negotiations, they also need to address what happens if consensus is not reached.
  • Be aware of political realities. Make sure negotiated solutions are realistic and can be implemented.

Further Information

Publications

Further information about the Institute for Environmental Negotiation is available at the following Website: http://www.virginia.edu/~envneg/IEN.html

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