Stack & Associates, P.C.
Contact Our Office Environmental and Land Use Law

Mediation can be effective tool in some environmental disputes

Last time, we began speaking about the use of mediation in environmental disputes. As we noted in connection with the currently dispute between Florida and Georgia, going to court isn’t always the best way to resolve environmental disputes, particularly when there are a lot of factors at play and when more flexibility is needed to come up with long-term solutions.

Mediation is one form of alternative dispute resolution which can be used to solve environmental disputes. In addition to the mediation approaches we briefly mentioned last time, there are some styles of mediation that seek simply to facilitate a meaningfully exchange in which parties are able to hear each out and come up with a mutually acceptable agreement.

Mediation agreements are not as limited as court decisions in the potential outcome. A good solution in mediation is one in which both parties feel their interests have been addressed and that they can both live with. In environmental disputes, this flexibility can be very helpful in working out solutions

Mediation isn’t always effective, to be sure. Its success depends on a variety of factors, including the issue(s) in dispute, who is representing the parties in mediation, the skills of the mediator, and the parties’ willingness to work together. Parties who go into the mediation process without a real commitment to working out a solution are less likely to be able to do so.

In the mediation process, it can be helpful to work with an experienced attorney to ensure one is heard in the process and that one has sound advice regarding negotiation of solutions. An attorney can also be an important resource for evaluating the strength of the other party’s claims, and for ensuring that the rules of confidentiality are properly applied, both within the mediation process and in subsequent court actions, should the mediation fail. 

No Comments

Leave a comment
Comment Information

Contact Our Firm

In the legal profession as in other fields, past accomplishments are often the best indicators of future success. Our representative cases bear witness to our law firm's ability to represent clients against even the most formidable adversaries, including government bodies and giant corporations, in both individual and class action claims.

Email Us For A Response

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office Locations

260 Peachtree Street N.W.
Suite 1200
Atlanta, GA 30303

Phone: 404-692-7504
Fax: 404.522.0275
Map & Directions

23 Delegal Rd
Savannah, GA 31411

Phone: 404-692-7504
Phone: 912.232.0567
Fax: 404.522.0275