Negotiating Environmental Agreements: How to Avoid Escalating Confrontation Needless Costs and Unnecessary Litigation / Edition 1

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Overview

When business leaders, government officials, and other stakeholders come to the table in an environmental, health, or safety dispute, acrimony often results, leading to expensive and time-consuming litigation. Not only does this waste precious resources, but rarely does the process produce the best outcome for any of the parties involved.

For the past five years, the authors of this volume have conducted semi-annual seminars at the Massachussetts Institute of Technology and at Harvard to provide business leaders and regulators with the knowledge and skills they need to more effectively handle environmental, health, and safety negotiations. Their strategy, known as the "mutual gains approach," is a proven method of producing fairer, more efficient, more stable, and wiser results. Negotiating Environmental Agreements provides the first comprehensive introduction to this widely practiced and highly effective approach to environmental regulation.

The book begins with an overview of the mutual gains approach, introducing important concepts and ideas from negotiation theory as well as the theory and practice of mediation. The authors then offer five model negotiations from their MIT-Harvard Public Disputes seminar, followed by a series of real-world negotiated environmental agreements that illustrate the kinds of outcomes possible when the mutual gains approach is employed. A collection of writings by leading experts provide valuable insights into the process, and appendixes offer both instructions for conducting model negotiation sessions and analysis of actual game results from earlier seminars.

This is the only prescriptive text available for the many regulatees and regulators involved in environmental regulatory negotiations each year. Anyone involved with environmental negotiation -- including corporate and public sector managers, students of environmental policy, environmental management, and business management -- will find the book an essential resource.

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Editorial Reviews

Booknews
Drawing from their semi-annual seminars at MIT and Harvard for business leaders and regulators, specialists in mediation explain techniques for cutting through rhetoric and acrimony when negotiating environmental, health, or safety matters. They explain the Mutual Gains Approach, offer five model negotiations, and present a series of real-world environmental agreements. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781559636339
  • Publisher: Island Press
  • Publication date: 12/28/1999
  • Edition description: 1
  • Edition number: 1
  • Pages: 346
  • Product dimensions: 7.00 (w) x 10.00 (h) x 0.80 (d)

Meet the Author

Lawrence Susskind is Ford Professor of Urban and Environmental Planning at the Massachusetts Institute of Technology and president of the Consensus Building Institute in Cambridge, Massachusetts. He is author of Dealing With an Angry Public (Free Press, 1996).

Paul Levy is Executive Dean of Harvard Medical School.

Jennifer Thomas-Larmer is with the Consensus Building Institute.

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Table of Contents

Acknowledgments
Introduction 1
Pt. 1 The Mutual Gains Approach 17
Pt. 2 Putting Your Skills to the Test 41
Pt. 3 Case Examples of Negotiated Agreements 105
Case 1 Mercury Discharge Permits 109
Case 2 Shoreline Restoration on Martha's Vineyard 128
Case 3 Coastal Zone Regulations in Delaware 143
Case 4 Superfund Cleanup at the Massachusetts Military Reservation 167
Pt. 4 Selected Readings 201
Reading 1 "They Treated Me Like a Criminal": Sanctions, Enforcement Characteristics, and Compliance 203
Reading 2 The Negotiator's Dilemma: Creating and Claiming Value 227
Reading 3 Squaring Off at the Table, Not in the Courts 240
Reading 4 Mediation and Other Forms of Assisted Negotiation 249
Reading 5 The Risks and the Advantages of Agency Discretion: Evidence from EPA's Project XL 277
Bibliography 315
Mediation/Facilitation Resources 319
About the Authors 325
Index 327
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