Mediation as a policy instrument for resolving environmental disputes: With special reference to Germany

Environmental conflicts are on the increase in all democratic industrial societies. In some areas, especially those involving big technology development projects, there is growing resistance to government intervention using conventional policy instruments. Therefore, political administrations and business have begun to accept the idea of experimenting with so-called alternative forms of conflict resolution, in particular, those based upon negotiation. In the United States, Japan, and Canada one such procedure, mediation, has come into wider use and proven successful in practice. This article describes several mediation procedures, mostly in the United States, but also including two examples of its application for resolving conflicts in the Federal Republic of Germany-one concerning a landfill site at Münchehagen and one concerning a waste management concept for the county [Kreis] of Neuss in the German Federal State of North Rhine-Westphalia. Finally, the question is raised in general as to whether and how mediation procedures could fUnction as policy instruments in a modern state, and whether they are appropriate for dealing with major, but at the same time locally restricted cases of conflict. Regarding the Federal Republic of Germany in particular, more practical experience with mediation must be gained before we are able to draw general conclusions about its possible areas of application in this country and the conditions underlying its success.