13 Result(s)
within
Chapter
Michael Wheeler
Business and Management, general
Political Science
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Chapter
The Nature of Environmental Conflict
Not that long ago, most people regarded economic development as the cornerstone of social progress. Industrial expansion, municipal growth, highway construction, energy development, and mineral extraction were...
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Chapter
Incentives to Negotiate
The process of negotiation is a chain of interlocking choices. The parties must first decide if they are going to negotiate at all, and if so, whether they will adopt competitive or cooperative strategies. The...
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Chapter
Data Negotiation
At the heart of most environmental controversies lies a dispute over the likely future consequences of a proposed action. In the Grayrocks Dam case, the parties argued over the probable effect of the dam on wi...
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Chapter
Prospects for Compliance
Problems of ensuring compliance are central to the negotiation process. Disputes do not necessarily end when the parties first reach agreement. New issues may arise, and settlements may come unglued. Similarly...
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Chapter
Mediating Large Disputes
The principal case that follows draws together many of the ideas introduced earlier in the book. The central dispute was over the proposed construction of the Foothills Dam near Denver, Colorado. It involved s...
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Chapter
Negotiated Rulemaking
In the cases we have studied so far, negotiation and mediation have been practiced in a variety of contexts. For example, the Holston River case (chapter 5) involved Tennessee Eastman’s application for a Natio...
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Chapter
Epilogue
There have been a number of themes that have recurred throughout this book: the need to identify the incentives of the parties to settle a dispute, the problem of facilitating the participation of all affected...
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Chapter
Dispute Resolution Theory
Negotiation is a fundamental method of dispute resolution. After all, even most lawsuits are not decided by judges or juries. Instead, they are settled out of court by the parties themselves. Negotiation is al...
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Chapter
Joint Problem Solving
In their book Getting to Yes: Negotiating Agreement without Giving In (Boston: Houghton Mifflin, 1981) Roger Fisher and William Ury contend that effective negotiators are those who can convert competitive bargain...
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Chapter
Two-Party versus Multiparty Negotiation
The environmental dispute in the Brown Paper Company Case (described in chapter 4) essentially involved two parties—the EPA and the paper company. By contrast, there were many negotiators (both groups and indi...
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Chapter
Mediation Techniques
In the principal cases described so far, the disputing parties undertook negotiation on their own. Increasingly, however, major environmental disputes are being negotiated with the assistance of a mediator, a ...
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Chapter
Mediation Ethics
The last two chapters introduced mediation techniques and the special problems that arise in the mediation of large disputes. Regardless of the scope of a dispute or the specific methods that are used to resol...
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Chapter
Institutionalizing Negotiation
Environmental negotiation and mediation are still very much in their infancy. Each effort to resolve a dispute using these techniques involves educating the parties and convincing the skeptics. Often, procedur...
