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Environmental Law

Dalhousie Law Journal

2010

Policy

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Mediation In Environmental Assessments In Canada: Unfulfilled Promise?, Meinhard Doelle, A John Sinclair Apr 2010

Mediation In Environmental Assessments In Canada: Unfulfilled Promise?, Meinhard Doelle, A John Sinclair

Dalhousie Law Journal

The federal environmental assessment (EA) process and most. provincial EA processes in Canada either specifically provide for mediation as an option or implicitly allow for it. Inspite of this, the actual use of mediation and other forms of alternative dispute resolution (ADR) has been almost non-existent in Canadian EA. There is an emerging view, however that mediation could be applied usefully at points of the process when there is conflict among the parties. Such adjustments in process would signal the need for approval agencies -andproponents to give serious consideration to more collaborative techniques of participation. The objective of this article …