Inclusion of All Stakeholders Sample Clauses

Inclusion of All Stakeholders. Environmental disputes are usually characterised by a diversity of stakeholders, which may include industry, local resident groups, regional or national environmental organisations and government agencies at the national, regional or local level. A generally accepted principle in the literature on environmental mediation is that all stakeholders in a dispute should be included in the mediation process. A stakeholder is defined generally as a person or institution with a direct interest in the outcome of the resolution process. The term “stakeholders” usually includes government agencies with jurisdiction over the subject of the dispute, any party that would be affected by the decision, and any party that has the capacity to intervene in the decision-making process, or block implementation of an agreement.132 All such parties should ideally be included in the mediation process as the failure to do so may subsequently compromise the implementation of an agreement. Besides the practical reasons for comprehensive stakeholder inclusion, several 131 Xxxxxxxx Xxxxxx, Mediation: Principles, Process, Practice (Butterworths, 2001), p93. 132 Xxxxxx Xxxxxxxx, "Environmental Mediation: From Theory to Practice," (The Canadian Environmental Law Association), p32. commentators have additionally argued that it is ethically incumbent upon the mediator to ensure, or at least encourage, sufficient representation of all affected interests. Of particular concern in environmental disputes are interests of an environmental nature, which may not have sufficient representation for a variety of reasons. A successful mediation process should not only ensure adequate participation of all interested parties but also adequate representation. Each party involved in the mediation process should have a clearly identified constituency, which they are representing. Other commentators have emphasised the need for representatives to have sufficient understanding and competency in the concept of representative bargaining in order to ensure that their constituencies stay properly informed through the process and the authority of the representative remains effective.133 This is an important consideration as where representation is not properly negotiated, an alienated constituency may subsequently undermine an agreement concluded by a representative. Representatives should also possess full decision making authority on the issues at hand, so that the process of negotiation will not be unduly obst...
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Related to Inclusion of All Stakeholders

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