The Role and Development Trend of Third-Party Mediation in Environmental Disputes
Abstract
:1. Introduction
2. Literature Review
2.1. Concept of Environmental Disputes and Third-Party Mediation
- (1)
- There are many kinds of environmental disputes, and the situation is complicated. Different environmental factors are often involved in the same dispute. Environmental disputes can have many harmful consequences. Environmental disputes include not only property damage caused by environmental hazards but also damage to public health. When exposure concentrations are roughly the same, different harmful consequences occur, making the resolution of environmental disputes more difficult. Environmental disputes exist in daily life, as well as in the process of resource exploitation, product production and urban development. There are traditional environmental disputes, mainly involving environmental conflicts and other conflicts of interest; there are also complex environmental disputes, mainly involving other conflicts of interest and environmental issues.
- (2)
- The settlement of environmental disputes requires professional and comprehensive ability, which is difficult and costly. Due to the diverse types and complex causes of environmental disputes, different types of environmental disputes have different solutions and involve professional technologies, including environmental science, biology, toxicology, medicine, environmental law and other professional disciplines. At the same time, scientific uncertainty also increases the difficulty of proving causality in environmental disputes. As a result, environmental disputes are often more difficult and costly to resolve than ordinary disputes. As a neutral third party, social organizations intervene in environmental disputes and establish professional mediation institutions, providing new possibilities for convenient and efficient settlement of environmental conflicts.
- (3)
- There is uncertainty regarding the subject of environmental disputes. The subject of an environmental dispute may involve many aspects. For example, a large number of mangoes are grown in fields near an industrial park. Near the harvest season, a large number of mangoes suddenly ripen, causing great losses to farmers. Expert analysis may be required relating to the high concentrations of some pollutants in the atmosphere, but causation cannot be directly proven. In addition, more than one enterprise in the park emits air pollutants, which greatly increases the difficulty of resolving environmental disputes due to the difficulty of identifying the subject of harm.
- (4)
- Environmental disputes are social. There are often many different stakeholders involved. The impact is widespread, and the contradictions and conflicts are often prominent. Effective settlement of environmental disputes is an important factor to promote social harmony, stability and economic prosperity. At the same time, after environmental disputes are resolved, stakeholders in environmental disputes tend to actively or passively establish long-term sustainable relationships. Compared with litigation, third-party mediation in environmental disputes is more conducive to improving the long-term relationship and avoiding the recurrence of disputes.
2.2. Classification of Environmental Disputes
- (1)
- Classification according to the method commonly used in statistics: environmental disputes are classified according to the environmental factors involved. Environmental disputes can be divided into atmosphere-related environmental disputes, water-related environmental disputes, soil-related environmental disputes, solid waste-related environmental disputes and noise-related environmental disputes [34,35,36]. Disputes involving different environmental factors are often dealt with in different ways.
- (2)
- Classification of environmental disputes according to their legal nature: conflicts in the environmental field can be divided into civil disputes, criminal disputes and administrative disputes. This paper studies the third-party mediation of civil environmental disputes. In the process of utilizing, improving and protecting civil legal relations, the subject takes environmental factors as the intermediary, resulting in conflicts of interest and disputes of interest.
- (3)
- This classification relates to the causes of conflicts and contradictions in the field of environment. According to the different causes of environmental contradictions and conflicts, they can be divided into living environment disputes, namely, the conflicts of interest caused by non-productive behaviors in urban and rural daily life (such as noise, noise, lighting, etc.) and the conflicts mediated by environmental factors. Lighting and kitchen fumes are common causes of environmental disputes. Productive environmental disputes refer to the environmental contradictions caused by the destruction of ecological environment in the process of resource utilization or industrial production. Environmental disputes based on planning are environmental contradictions caused by planning problems in the process of urbanization. With the acceleration of China’s urbanization process, such disputes have shown a large-scale growth trend, often due to the complexity of the urbanization process. It is difficult to solve problems involving stakeholders; one such solution involves introducing social capital to invest in industrial parks of electroplating enterprises and controlling dispersed pollution in the electroplating industry. With the development and planning of the city, the environmental pollution caused by enterprises in the industrial park has seriously affected the residents in the industrial park. Environmental disputes between residents and enterprises lead to enterprises being unable to pass the government’s examination and acceptance, which also causes economic losses. Environmental disputes based on planning are often more acute and involve a large number of people. It is difficult to solve disputes effectively via traditional litigation and administrative mediation. In practice, a professional mediation platform established by a third-party neutral agency provides professional technical assistance and communication for the subject of the dispute. Dialogue channels help resolve environmental disputes and conflicts by coordinating communication and consultation among the subjects of environmental disputes.
3. Analysis of Problems Existing in Third-Party Mediation of Environmental Disputes in China Based on Statistical Analysis Methods
3.1. Experience of Third-Party Mediation of Environmental Disputes in Other Countries
- (1)
- Establishing and perfecting the legal system;
- (2)
- Classify environmental disputes;
- (3)
- Combining the third-party mediation of environmental disputes with the non-litigation settlement mechanism of other environmental disputes.
- (1)
- It is important to attach importance to the wishes and privacy of the parties;
- (2)
- The third-party mediation institution shall strengthen the professional skills training of the mediation team;
- (3)
- Germany’s active role in online mediation has a strong reference value for China.
- (1)
- Japan has established very clear arbitration procedures;
- (2)
- Japan has enacted laws and regulations on mediators. Mediation boards in Japan generally consist of a director and two part-time mediators;
- (3)
- Part-time mediators are state public employees whose salaries are paid by the government and whose age and seniority are clearly specified to ensure effective resolution of disputes.
- (1)
- Negotiation. Negotiation is the most common self-help behavior after environmental disputes. However, in the contradiction and conflict in the field of environment, there is often inequality in economic strength and social status between the injured party and the infringing party, which leads to contradiction and opposition. In the questionnaire survey of Chongqing, only less than 10% of the dispute objects have the experience of resolving domestic environmental disputes through self-negotiation, most of which are caused by noise pollution, while production and planning environmental disputes are the main ones. No cases have been resolved through self-negotiation.
- (2)
- Application to the Environmental Protection Agency for administrative processing. When contradictions and conflicts in the field of environmental protection cannot be resolved through negotiation, complaints are usually filed directly with the relevant environmental protection authorities, or administrative handling is applied for, as shown in Table 1. After accepting disputes, the relevant environmental protection authorities will promptly appeal to the subject of environmental violations.
- (3)
- Mediation in the administrative process. In accordance with the provisions of the Law on the Prevention and Control of Water Pollution and the Law on the Prevention and Control of Soil Pollution, the parties involved in a dispute over the liability for damage caused by environmental issues and the amount of compensation due may apply to the relevant department of environmental protection or any other relevant departments for mediation. However, based on the findings of the actual investigation, it is authoritative and practical to use administrative measures to reconcile the tensions and disputes in the field of environmentalism; however, there are some issues that cannot be overlooked. There are questions over whether or not it will be able to maintain its neutrality. It is generally difficult to find an effective solution when there are inconsistencies in other areas or when the quantity of compensation differs considerably from psychological expectations. This might make the problem more difficult to address.
- (4)
- Mediation provided by the people. As illustrated in Figure 3, the term “people’s mediation” used in this context refers to the people’s mediation committee established by the village committee or the neighborhood committee. This is in contrast to the people’s mediation committee for environmental conflicts established by a third-party social organization. The people’s mediation committee has been effective in the mediation of straightforward environmental disagreements; however, it is challenging for the committee to play a role in environmental disagreements that require professional environmental expertise.
- (5)
- Litigation. As demonstrated in Table 2, going to court is the last resort for resolving environmental disagreements. However, there are numerous challenges associated with the identification of facts regarding damage, causality, liability division, and other aspects of environmental conflicts. In addition, there are many challenges associated with the identification of practical difficulties at the practical operation level in real life. As a result, the duration of the lawsuit settlement cycle for environmental issues is lengthy, the associated costs are significant, the closing cycle also takes a considerable amount of time, and a large number of cases are still open. According to the results of a survey that was conducted by the Chongqing Municipality, almost forty percent of the people involved in the environmental dispute have the intuitive feeling that it will take a long time and require a high cost to solve the dispute through litigation, and almost twenty percent of the people involved in the environmental dispute are still not satisfied with the result of the dispute resolution after the conclusion of the litigation. Figure 4 illustrates this point.
3.2. China’s Third-Party Mediation System for Environmental Disputes
3.3. Research Methodology
- 1.
- Collect data: Collect data relating to environmental disputes, including the number of mediation cases, information on participants, types of disputes, mediation results, etc. These data can come from mediation institutions, court records, relevant reports or questionnaires, etc.
- 2.
- Descriptive statistical analysis: Conduct a descriptive statistical analysis of the collected data, such as calculating the number of mediation cases, the number of participants, the distribution of dispute types, etc. This can help us understand the prevalence of third-party mediation in environmental disputes.
- 3.
- Success rate analysis: analyze the success rate of mediation cases, that is, analyze the proportion of successful mediation cases. The overall success rate can be calculated, and group analysis can be carried out according to different types of environmental disputes to compare the mediation success rates of different dispute types to evaluate the effect of third-party mediation in different situations.
- 4.
- Correlation analysis: Through correlation analysis, explore the correlation between third-party mediation and environmental dispute resolution. Statistical methods, such as correlation coefficients, chi-square tests, etc., can be used to determine the relationship between third-party mediation and settlement outcomes. In addition, other possible factors, such as the complexity of the dispute, the background of the participating parties, etc., can also be considered, and a multiple regression analysis can be performed to determine the independent impact of third-party mediation on the settlement outcome.
- 5.
- Satisfaction survey: Design and conduct a satisfaction survey of the participants to understand their evaluation and feedback on the third-party mediation. Questionnaires or face-to-face interviews can be used to collect the opinions and suggestions of the participants. By analyzing survey data, it is possible to assess the popularity of third-party mediation in environmental disputes and its impact on the parties involved.
4. Discussion on the Third-Party Adjustment System
4.1. Establish a Third-Party Mediation System for Environmental Disputes
4.2. Formation of a Standardized Third-Party Mediation Working Mechanism for Environmental Disputes
- (1)
- Intervene in environmental issues to mediate them as a neutral third party;
- (2)
- Make laws and provide policies and scientific information relating to the environment that pertain to environmental protection more widely known in the context of the contentious issue through the use of mediation;
- (3)
- Report the incidence of environmental conflicts, as well as the mediation of those disputes, to the appropriate judicial and environmental departments;
- (4)
- Investigate the factors that lead to environmental disagreements and provide environmental protection agencies taking into account people’s thoughts, observations, and recommendations;
- (5)
- Offer advisory services for the letters, visits, complaints and administrative litigation that are brought on by environmental disagreements.
4.3. Strengthen the Construction of a Mediation Team Based on Professional Mediators
5. Conclusions
Author Contributions
Funding
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Conflicts of Interest
References
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Years | Environmental Administrative Penalties/10,000 Pieces | Environmental Administrative Reconsideration/Piece |
---|---|---|
2013 | 13.9 | 550 |
2014 | 9.7 | 544 |
2015 | 10.2 | 705 |
Years | The Total Number of Letters/Letter | Visiting Batch/Batch | Number of Visitors/Person-Time |
---|---|---|---|
2013 | 104,325 | 46,157 | 108,295 |
2014 | 114,128 | 51,281 | 109,892 |
2015 | 121,582 | 49,373 | 105,385 |
Years | Environmental Resources Criminal Case/Case of First Instance | Civil First-Instance Cases/Cases of Environmental Resources | Environmental and Resource Administration First-Instance Cases/Cases |
---|---|---|---|
2017 | 22,729 | 177,501 | 39,342 |
2018 | 26,481 | 192,008 | 42,235 |
2019 | 39,957 | 202,671 | 47,588 |
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He, T.; Liu, L.; Gu, M. The Role and Development Trend of Third-Party Mediation in Environmental Disputes. Sustainability 2023, 15, 10197. https://doi.org/10.3390/su151310197
He T, Liu L, Gu M. The Role and Development Trend of Third-Party Mediation in Environmental Disputes. Sustainability. 2023; 15(13):10197. https://doi.org/10.3390/su151310197
Chicago/Turabian StyleHe, Tao, Lulu Liu, and Manyi Gu. 2023. "The Role and Development Trend of Third-Party Mediation in Environmental Disputes" Sustainability 15, no. 13: 10197. https://doi.org/10.3390/su151310197
APA StyleHe, T., Liu, L., & Gu, M. (2023). The Role and Development Trend of Third-Party Mediation in Environmental Disputes. Sustainability, 15(13), 10197. https://doi.org/10.3390/su151310197