Examining the Claims of Environmental ADR

Abstract

The literature has established many claims concerning the effectiveness of alternative dispute resolution (ADR) in resolving environmental conflicts, with little empirical research to support them. Using data collected from 54 recent cases in which ADR was used to resolve waste management disputes in Ontario and Massachusetts, this study employs seven criteria of success to test empirically the validity of these claims. Although by some measures ADR has been quite successful in certain types of environmental conflicts, this study shows that it is hardly a panacea for resolving waste management disputes.