Environmental Alternative Dispute ResolutionEnvironmental Dispute Resolution ("EDR") is designed to acquaint the student with the process of negotiating and mediating environmental disputes and to develop both the skills of negotiating as well as an understanding of what is necessary for a successful resolution of such disputes. EDR is different from most other negotiations because it typically involves multiple parties who have an interest in the outcome and because it requires the utilization of scientific information from which scientific predictions may be at least challenging or impossible to make.
We will explore the complexities of EDR by discussing observations of leaders in the field, by studying actual negotiated and mediated cases and discussing why or why not these disputes were successfully resolved. By using the lessons learned from these cases as a framework, we will begin to negotiate environmental disputes arising from simulated fact patterns. We will discuss the effectiveness of negotiation techniques and address the nuances that arise from power imbalance and commonly occurring political implications. We will evaluate whether resolution by compromise necessarily achieves environmental justice and we will discuss ethical issues that arise in EDR negotiations. The course will conclude with a Term Paper based upon your role in preparing for and experience in negotiating a resolution of a case simulation.
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