Mediation is typically engaged when a dispute or contention point surfaces. Negotiations may or may not have already reached an impasse. Sometimes mediation is helpful in anticipation of negotiations or meetings to begin to clarify and sort issues and perhaps begin to shuttle information between camps. In environmental disputes tensions can arise early in the permit or enforcement review process, thus early intervention is highly desirable. A mediated or assisted negotiation can provide benefits to all parties even if the negotiations ultimately 'fail' and other forms of dispute resolution, hearing or court review, become necessary.
Mediation has many places in environmental matters.
To date, many of the mediated settlements take place in the context of environmental enforcement. These disputes often readily lend themselves to an assisted negotiation because they may involve limited parties, may need negotiation of remedial activities and the amount of a payable penalty. Other mediations involve resource or pollutant allocations. Those negotiations center on dividing up a finite sum between the parties. The distribution may depend on each party's pollutant contribution, efficiency of operation, compliance record, etc.