The Costs of Environmental Alternative Dispute Resolution

December 1988
Citation:
18
ELR 10515
Issue
12
Author
Edward Brunet

In his recent Article advocating greater use of alternative dispute resolution (ADR) techniques by the Environmental Protection Agency (EPA) in enforcement actions, Richard Mays thoroughly analyzed the benefits of ADR but failed to adequately discuss its drawbacks.1 This Dialogue identifies problems associated with Agency promotion of ADR and recommends that the status quo of infrequent and highly selective use of ADR techniques is entirely healthy. The Dialogue will identify and analyze four myths underlying Mays' conclusion that ADR should play a key role in environmental enforcement.

Mr. Brunet is Professor of Law at Lewis and Clark Law School, Portland, Oregon. He received his B.A. from Northwestern University, J.D. from the University of Illinois, and LL.M. from the University of Virginia.

Article File