An Empirical Analysis of Environmental Mediation

The use of mediation for resolving environmental disputes has grown rapidly over the past several decades. This is due, in part, to claims made by advocates of the mediation process that it is superior to litigation and administrative hearings for the resolution of public policy disputes. However, there has been little empirical research to test these claims. This five-year study of the Florida Department of Environmental Protection tests two of these claims. First, does mediation result in higher settlement rates, as compared to traditional dispute resolution processes? Second, are mediation settlements carried out more often than are the settlements reached through traditional processes?