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This book takes a comparative approach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world.
In the last two decades, Indonesia has seen a dramatic proliferation of environmental disputes in a variety of sectors, triggered by intensified deforestation and large scale mining operations in the resource rich outer islands, together with rapid industrialisation in the densely populated inner island of Java. Whilst the emergence of environmental disputes has sometimes attracted political repression, attempts have also been made in recent times to explore more functional approaches to their resolution. The Environmental Management Act of 1997 created a legal framework for the resolution of environmental disputes through both litigation and mediation. This book is the first attempt to analyse the implementation of this framework in detail and to assess the effectiveness of litigation and mediation in resolving environmental disputes in Indonesia. It includes a detailed overview of the environmental legal framework and its interpretation by Indonesian courts in landmark court cases. The book features a number of detailed case studies of both environmental litigation and mediation and considers the legal and non-legal factors that have influenced the success of these approaches to resolving environmental disputes.
A critical examination of urban policies and management practices used to make cities sustainable. With an international perspective, the book describes urban environmental agendas and how they arose in the context of globalization, urban economic restructuring, and the need to make cities competitive. It argues that the environment became an integral part of city development policy, turning attention not only to physical and ecological issues but also to improving the economic performance of cities and the lives of citizens. The authors also go beyond the technical issues to explore the political importance of urban environmentalism, using case studies to illustrate both its international scope and place-specific characteristics which are inexorably influencing city development throughout the world. In connecting the concept to its political effects, the book raises issues such as local democracy, equality and social regulation, all of which are increasingly concerning academics, professionals, environmentalists and city authorities alike.
Resolving Environmental Disputes presents detailed case studies from the key contemporary themes in resource management and environmental protection, such as: access to the countryside for recreation, sustainable forestry, pollution and risks to health, and coastal zone management. The book spans both theory and practice in assessing the relationship between public participation and mediation. It is structured around detailed case studies from Britain, the USA and the Netherlands, which are interspersed with chapters providing explanation and interpretation of the theoretical and practical issues involved. In reviewing the state of environmental conflict resolution, the author examines how and why conflicts occur and whether approaches to conflict resolution based on consensus building could be more widely applied.
The Handbook of Mediation gathers leading experts across fields related to peace, justice, human rights, and conflict resolution to explore ways that mediation can be applied to a range of spectrums, including new age settings, relationships, organizations, institutions, communities, environmental conflicts, and intercultural and international conflicts. The text is informed by cogent theory, state-of-the-art research, and best practices to provide the reader with a well-rounded understanding of mediation practice in contemporary times. Based on four signature themes—contexts; skills and competencies; applications; and recommendations—the handbook provides theoretical, applicable, and practical insight into a variety of key approaches to mediation. Authors consider modern conflict on a local and global scale, emphasizing the importance of identifying effective strategies, foundations, and methods to shape the nature of a mediation mindfully and effectively. With a variety of interdisciplinary perspectives, the text complements the development of the reader’s competencies and understanding of mediation in order to contribute to the advancement of the mediation field. With a conversational tone that will welcome readers, this comprehensive book is essential reading for students and professionals wanting to learn a wide range of potential interventions for conflict.
While digital media give us the ability to communicate with and know the world, their use comes at the expense of an immense ecological footprint and environmental degradation. In Finite Media Sean Cubitt offers a large-scale rethinking of theories of mediation by examining the environmental and human toll exacted by mining and the manufacture, use, and disposal of millions of phones, computers, and other devices. The way out is through an eco-political media aesthetics, in which people use media to shift their relationship to the environment and where public goods and spaces are available to all. Cubitt demonstrates this through case studies ranging from the 1906 film The Story of the Kelly Gang to an image of Saturn taken during NASA's Cassini-Huygens mission, suggesting that affective responses to images may generate a populist environmental politics that demands better ways of living and being. Only by reorienting our use of media, Cubitt contends, can we overcome the failures of political elites and the ravages of capital.
Mediation is one of the most important methods of settling conflicts in the post-Cold War world. This text represents the most recent trends in the process and practice of international mediation.
"While there is no shortage of how-to books for mediators, works focusing on the voice of the mediator are rare. This book aims to fill that void by highlighting the perspectives of 16 mediators on a variety of topics, ranging from what motivates them to their different mediation styles and approaches." -Dispute Resolution Journal `I recommend this book to all mediators in whichever discipline they practise and with it the implicit challenge - to know and develop our craft.' -Resolution Newsletter, and www.resolution.org.uk The modern emergence of mediation represents the new and evolving application of an ancient and universal approach to settling quarrels. Mediation is now an established method of dispute resolution across a wide range of professional, workplace and social situations including the family, community, commercial, organisational, employment, environmental and international arenas. It is increasingly being applied to new legal, care and health sectors such as child abduction, child protection, housing and medical negligence. This book draws uniquely on the concrete knowledge and practice experience of leading mediators, working in a variety of fields, to inform contemporary debates and challenges. These practitioners reflect on the excitement, complexity, difficulty and satisfaction of their work as well as on the differences and commonalities within and across diverse fields of mediation practice. The book explores individual qualities and approaches, styles and models of practice, institutional frameworks and personal ideologies. Developing the Craft of Mediation is an essential aid for any mediator, and for other professionals wanting to enhance their understanding of the theory and practice of mediation.