By Lawrence S. Bacow, Michael Wheeler (auth.)
This publication has its origins in an M.I.T. examine undertaking that used to be funded via the U.S. Environmental defense business enterprise (EPA). Our rapid aim used to be to organize a collection of case experiences that tested bargaining and negotiation as they happened among executive, environmental advocates, and regulatees in the course of the conventional regulatory procedure. The undertaking was once a part of a bigger attempt through the EPA to make environmental law extra effective and not more litigious. The relevant investigator for the examine attempt was once Lawrence Sus skind of the dep. of city experiences and making plans. 8 case stories have been ready less than the joint supervision of Susskind and the authors of this publication. learning the negotiating habit of events as we labored our means via an environmental dispute proved enlightening. We saw ignored oppor tunities for cost, negotiating strategies that backfired, and methods that ap peared to be grounded extra in instinct than in considerate research. even as, despite the fact that, we have been struck via how frequently the events finally controlled to clutter via. humans negotiated no longer out of a few idealistic dedication to consensus yet simply because they idea it higher served their very own pursuits. whilst a few negotiations reached an deadlock, humans improvised mediation. those disputants succeeded regardless of criminal and institutional limitations, although few of them had a cosmopolitan knowing of negotiation.
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Additional resources for Environmental Dispute Resolution
The results of whatever decisions are made depend also on the decisions of the other parties. To take the simplest of examples, two pedestrians "negotiating" their way down a crowded sidewalk will collide unless each moves in different direction. A prospective buyer of real estate may make a reasonable offer but does not have a deal unless the seller independently decides to accept it. A negotiator who is considering demanding the inclusion of a particular term in the settlement agreement must weigh whether this will provoke the other party into insisting on something else.
How can an agreement be made binding? It is one thing to negotiate a settlement, but it is quite another to implement it successfully. Uncertainty over the prospects for enforcement of a potential agreement may cripple negotiations. Why might parties to a negotiated agreement later breach it? What kind of steps might be taken to reduce the risk of breach? As these questions suggest, negotiation has great promise, but it is not without its difficulties. The case studies that constitute the core of this book illustrate these and other problems as well as the methods that various disputants have used to overcome them.
Anything more stringent would be less desirable than fighting the environmentalists in court. How might the technology and economies of pollution control affect the shape of the company's indifference curves? 3. In the same way that the resistance points of the farmer and the conservation group defined the bargaining range in the zero-sum example, can you conceive of a way in which the reservation levels of the environmentalists and the power company here can be merged to define an area of possible settlement?