Most of the current Environment Commissioners are experienced in mediation and have taken courses in alternative dispute resolution. Experience in alternative dispute resolution matters is one of the criteria for eligibility for appointment as an Environment Commissioner. All appeals lodged are seen by an Environment Court judge and where it is considered that mediation may be appropriate the Registrar will send the following letter to the parties. An Environment Judge has reviewed the notice of appeal in this case, and considers that the issue may be able to be resolved by negotiation or mediation, rather than by a full hearing and a decision by the Court. Mediation is a voluntary and informal process, where the parties agree to having an independent person meet with them to help them reach agreement on all or some of the questions in dispute.
Mediation is a process which can be relatively quick and inexpensive.
Parties and their advisers can talk openly about the dispute, and their attitudes to it. Any technical or legal questions can be identified and discussed. A mediator does not judge the case or impose a decision, but helps the parties to see if they can reach a decision on their own. An Environment Commissioner of the Environment Court could be asked to act as a mediator. The parties would not be asked to pay the expenses of an Environment Commissioner acting as a mediator.