DISPUTE AVOIDANCE AND
         MINIMISATION

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The important part of ADR is to channel adversarial effort into
a positive framework where consensus is built. Avoiding
entrenched positions is helpful. So the earlier ADR is used
the better. An early intervention approach can also limit
the range of disputed issues.

Dispute Avoidance

With better environmental knowledge there is an opportunity to avoid disputes.  With increased access to dispute resolution techniques, there are opportunities to minimise disputes. 

The community needs to focus on dispute avoidance and minimisation as a mechanism process.  The appointment of a consensus building expert at an early stage in proceedings will enable the stakeholders to design a specific process which ensures their interests are satisfied. The Court system and Assisted Dispute Resolution (ADR) cannot be expected to deal with all potential disputes which are likely to arise if dispute avoidance does not become a reality. Disputes will not be eliminated completely; disputes managed effectively have the potential to transform parties’ positions in the long term.  .

Accessibility to all relevant knowledge is fundamental to any consideration of dispute avoidance. There is a need for trust so that all relevant information is recorded and available for public access and in a form which facilitates public understanding of technical or science-intensive issues.  .Consensus building has been successfully implemented in joint fact-finding processes. 

It is an essential part of the right to public participation that that participation is based upon the best information available. Otherwise a biased result occurs. We all should trust the process which results in a publicly available ecoinformationbank. If we all have access to the same information then the level of disputation can reduce.

Where environmental factual disputes arise, limited enquiries or "fact finding assessments" can be undertaken which are aimed at resolving the dispute. The result is then recorded in the "ecoinformationbank". Such a system can allow for amendments to be made when better scientific information becomes available. The right to public participation should be included in these processes.

Environmental guidelines or standards can be formulated based on the ecoinformationbank. Negotiated rulemaking techniques can be used to help formulate the guidelines.

It is important to emphasis that the type of participation needs to be meaningful otherwise sections of the public will come to distrust the process and then look for a confrontational approach. The methodologies will vary with the circumstances. The challenge is to work positively at the issues. Dispute avoidance will follow. Not all disputes will be avoided. However, by concentrating on trying to avoid disputes those that do arise will be limited in scope. If that does not work then ADR techniques (before or during litigation), properly used, will help to narrow or better define the scope of the dispute.