Environmental dispute resolution : mediation, an effective alternative to litigation?

The 1980's have seen an increase in the diversity and complexity of environmental disputes resultant of the competing demands of economic development and environmental protection. Nowhere is this more evident than in Tasmania. Environmental disputes in Tasmania are handled by a number of judicial and administrative systems, each with its own "package" of legislation, infrastructure, processes and procedures. Dissatisfaction with the inadequacies and adversarial nature of these systems has been expressed by members of the judiciary, government, industry and public interest groups. This thesis examines the potential of environmental mediation as a proven, non-adversarial process for the resolution of site specific and public policy disputes both within current systems and as a strategy in its own right. It is concluded that environmental mediation is of value in environmental decision making and that it can be effectively incorporated in existing Tasmanian dispute resolution systems. A case is also put for the use of mediation as a viable alternative to present methods of environmental dispute resolution.