Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.
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vii | |
| Acknowledgements |
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xiii | |
| Introduction |
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1 | (6) |
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PART I The legal framework of environmental mediation |
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7 | (102) |
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1 Recent developments in Ukraine |
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9 | (14) |
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2 Environmental mediation deficiencies in China and potential remedies |
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23 | (17) |
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3 A legal status for mediation in general administrative law in the Netherlands? |
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40 | (21) |
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4 Is it time for a global legal framework in Belgium? |
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61 | (23) |
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5 A new code of civil procedure in Canada and needs for further developments in environment |
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84 | (25) |
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PART II The environmental mediation processes |
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109 | (105) |
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6 A territorial dialogue in France |
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111 | (17) |
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7 Negotiated rulemaking for the Brownfields law in the United States of America |
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128 | (29) |
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8 The co-construction of projects with environmental externalities |
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157 | (23) |
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9 Mediating potential environmental conflict with a social learning model: six case studies from the State of Santa Catarina, Brazil |
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180 | (16) |
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Jose Antonio Silvestre Fernandes Neto |
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10 The environmental complaint letters and visits system in China |
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196 | (18) |
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| Index |
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214 | |
Catherine Choquette is a Full Professor of Law at the University of Sherbrooke where she teaches at the School of Law and at the School of Environment. She holds a Doctorate in Law from the University of Chicago and a Master in Biology from McGill University. She is a lawyer called to the bar of the Province of Quebec and a member of the Quebec Institute for Mediation and Arbitration.
Veronique Fraser is an Assistant Professor of Law at the University of Sherbrooke where she teaches in the Master in Dispute Prevention and Resolution. She holds a Doctorate in Law from the University of Ottawa, a Master in Transnational Law and Common Law from the University of Sherbrooke and a Master of Laws in Dispute Resolution from Pepperdine University School of Law. She is a lawyer called to the bars of the provinces of Quebec and Ontario and an accreditated mediator by the Quebec Institute for Mediation and Arbitration.
