A Solution Under Pressure: Integrating Facilitative Practices into Water-Related Civil Litigations
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Date
2017-09-06
Authors
Koller, David
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon
Abstract
The broad scope of this research concerns the field of conflict and dispute resolution, also referred to as alternative dispute resolution (ADR). ADR practices have developed in both executive and judicial branches of government since the early 1900’s. The goal of this paper is to evaluate how ADR practitioners working in water-related civil litigation can apply facilitative practices prior, during, and after the proceeding to reduce harm, cost, and time of litigation and increase the overall satisfaction of the parties when the proceeding has been resolved. To achieve this goal, a framework is constructed and applied to a case study in Cascade Locks, Oregon. This framework is not a way to avoid a court proceeding through use of alternative dispute resolution; instead this paper seeks to add facilitative practices to a civil litigation process to make the entire process more efficient to the parties and effective in resolving the dispute.
Description
Keywords
Alternative dispute resolution, Environmental conflict, Facilitation, Natural resource management, Water conflict, Water law