Also, judges sometimes refer cases. In two cases, the Commissioner of DEP referred cases to mediation. Initially there was tremendous resistance to the program. The resistance lessened as DEP personnel and staff attorneys participated in the training and the mediations. The program has taken a lot of mystique out of the bureaucracy.
People are aware that they can come and sit down to talk to the agency.
All parties must agree to mediate, there are no particular kinds of disputes earmarked for mediation, and the state pays for the costs of mediation. Training on interest-based negotiation is done throughout the office. Lessons Learned There have been significant cost and time savings to the DEP and the regulated community through the use of mediation. Training is an extremely important aspect of the program. Strong commitment is needed from the agency.