Academic journal article Electronic Green Journal

Review: Environmental Dispute Resolution: An Anthology of Practical Solutions

Academic journal article Electronic Green Journal

Review: Environmental Dispute Resolution: An Anthology of Practical Solutions

Article excerpt

Review: Environmental Dispute Resolution: An Anthology of Practical Solutions By Ann L. MacNaughton and Jay G. Martin (Eds.) Ann L. MacNaughton and Jay G. Martin (Eds.). Environmental Dispute Resolution: An Anthology of Practical Solutions. Chicago: American Bar Association, 2002. 431 pp. ISBN 1-59031-092-6 (trade paper). US$99.95

Two former oil company attorneys have brought into being a book for treehuggers and developers both. They worked together in the early 80s at Superior Oil (later Mobil Oil) "observing an energy industry that then was beginning to experience transformational change." What they were observing was the phenomenon of costly, fatiguing, and adversarial models of business going out of style. Since then, each has made a living out of helping clients out of tough situations using principles of alternative dispute resolution.

Their book is made up of articles that detail how specific types of disputes can be resolved outside the adversarial model. Some focus more on how to use conflict resolution principles to resolve disputes, whereas others provide strategies for litigators to consider. The authors may not have intended to write from the point of view of a corporate attorney, but this angle nonetheless peeks through, even in the most theoretical sections dealing with the virtues of conflict resolution. The book would certainly be an important acquisition for a university or private law firm library. The language is that of professionals in the field: attorneys, risk advisors, or Alternative Dispute Resolution negotiators.

What is a non-professional, perhaps a citizen participant in an Environmental Dispute Resolution, or EDR dispute, to make of these essays? Some may use information from this book as a way to understand the push and pull of the negotiation process. …

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