Climate Change Mediation

What is the Mediation Process for Climate Change Conflicts?

First: 

Our firm educates the parties about mediation including psychological and practical approaches that can lead to mutual, win-win resolutions with concrete, implemented solutions.

Second:

Our firm engages in an extensive data collection process so that we have a mastery of the situation.

Third:

Our firm engages in in-depth, separate conversations with each conflict partner so that we understand their needs, interests, and preferences; and that we understand where and how they are likely to settle and resolve the conflict with innovative solutions.

Fourth:

We do comprehensive, scientific, social, psychological, legal, and economic research as needed to develop the best possible outcome for conflict partners, highlighting areas that might not have been considered or explored.

Fifth:

We develop initial solutions and then discuss them separately with each conflict partner/stakeholder.

Sixth:

We schedule joint meetings with conflict partners depending upon the situation and our judgment as to whether these meetings would likely be productive and lead to win-win solutions.  

Seventh:

We improve, perfect, and develop solutions sets and resolution possibilities until we create an agreement.

Eight:

We memorialize agreements with highly detailed, clear, and concise contracts and educate all parties on terms.

Ninth:

We obtain signatures and final resolution of all matters in the conflict.

Tenth:

We engage in follow-up procedures to make sure that the contract is sustainable, make edits wherever needed, and resolve any new, derivative conflicts.

Climate Change Mediation Case Study

Our mediation was called in to help resolve a water dispute in a Western U.S. desert town.  Years ago, a larger agricultural company had entered a compact with several smaller, local farmers when it had entered the business community. Because the area’s aquifer had more than enough water, and because the parties were able to share additional waters from a nearby reservoir, the agreement worked for many years.  However, in recent times, because of global warming, the reservoir was no longer able to supplement the water needs of the small farmers or the larger company.

In addition, local hydrologists determined that the aquifer was rapidly depleting its normal reserves and that within five years there would be a severe shortage.  Some farmers left town. The company constricted its operations. But still there was not enough water to go around, which created a rift in the compact and polarization within the community.

Analysis and Scientific, Data Research Are Critical to Climate Change Mediation

Through extensive research on the weather patterns, predictable levels in the local aquifer, and potential replenishing of the nearby reservoir, we were able to determine a reasonable range of water resources in the area for the next ten years.  All parties agreed that our estimates were reasonable.  However, it was plain to see that there would not be enough water to satisfy the local economy, the needs of the larger company, and the needs of the smaller farmers.

The case process was extensive and tried everyone’s patience. We cut our fee to help keep everyone participating, and the extra time allowed us to gather deeper information about each stakeholder’s intent, needs, and preferences. In turn, this allowed for greater trust to develop between the parties, and between the parties and our mediation firm.

Resolving a Conflict that Had Continued for Years

In time, the larger company moved more of its operations to a different state, which greatly reduced its requirements.  This change of circumstances enabled the remaining stakeholders to work out new water allocations, and a completely updated water compact that our firm drafted for official approval. In the end, we worked out a new agreement that allowed local farmers to continue their way of life, and a resolution of a formerly intractable conflict.

Contact Boileau Conflict Solutions today for any help you may need related to the impact of global warming / climate change or disputes that may have developed in this critically important area, which is becoming more and more litigious.  Look to use a professional mediator to avoid protracted, costly litigation.