Mediation of Environmental Enforcement: Overcoming Inertia

This Article aims to examine the claims for the usefulness of environmental mediation in the context of enforcement through consideration of two environmental enforcement cases processed by the Florida Department of Environmental Regulation (DER) during 1990-1991. Specifically outlined is a pilot mediation program designed to improve the resolution of the cases. Next, two DER cases are described and compared, in detail; the two cases are quite similar except that one underwent mediation and one did not. Finally, this Article draws conclusions about environmental enforcement dispute resolution processes.

Particularly examined is the success of mediation at overcoming the reluctance of environmental enforcement partisans to move their cases to settlement - to overcome the inertia of non-settlement.