WHY IT IS BETTER TO SETTLE MATTERS RELATED TO THE ENVIRONMENT
Of the many attempts to define the meaning of the term environment, perhaps the one most encompassing, and arguably indisputable, is:
The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people's lives
This definition is arguably also very applicable to our natural environment where differences in environmental interpretations and needs can lead to an array of disputes.
Problems and disputes between parties taking differing interest in the environment more often than not arise because of a lack of understanding of each other’s intentions, and or a sense of inequality in bargaining power between them. Typically those parties find themselves relegated to having their interests in the environment determined through regulatory and litigation procedures. This of itself can lead to estrangement and distrust; sometimes unwittingly at the expense of the natural environment. Moreover, it is usually the case that irrespective of what environmental differences they may have, parties will likely still have to sustain some sort of long term relationship between them.
Resolution of environmental disputes cannot necessarily be best achieved through regulation and litigation. It is even often commonly agreed to in legal and environmental circles that effective and sustainable environmental management can best be attained through a concerted and collaborative effort amongst all affected persons to work toward a balanced understanding and resolution of environmental disputes. In fact, the notion of alternative dispute resolution has found its own identity when it comes to good environmental management in the use of the term Environmental Dispute Resolution (EDR).
Indeed, the options of alternative dispute resolution methods cannot be overlooked in addressing environmental differences; be they matters of private, or public, interest.