Environmental Impact Assessment and Mediation

독일에서의 환경영향평가와 분쟁조정

During the last years it became more and more difficult to deal with environmental conflicts using traditional political instruments in industrialized countries. One reason for the occurring problems might be the citizens' awareness of scarceness of nature. Another reason might be the changing legislation with the introduction of the environmental impact assessment (EIA) as an integral part of a project's licensing procedure. The EIA offers new possibilities for citizens to interfere in decision processes and to obstruct projects. The changing situation requires new instruments for conflict solving. Mediation may be considered an alternative or completion to the traditional political instruments. It is a systematic strategy for conflict treatment and. with the support of an independent mediator, allows to reach an agreement among all parties involved. Mediation may be introduced in the EIA One possibility offers the scoping date, which, if the participation of the public is assured, might avoid heavy disputes in the further process. Another connection between the instrument of mediation and the EIA could be the use of the environmental impact study (EIS) as information background for a mediation process. EIA would then be source of information about all environmental aspects. Thus the role of EIA would be extended to being a part of conflict analysis in the alternative dispute resolution process.