Supportive Social-Political Context Sample Clauses

Supportive Social-Political Context. Like litigation, the effectiveness of mediation as an approach to dispute resolution will be influenced by and contingent upon the wider societal context including the nature of prevailing cultural mores, the distribution of political power, economic interests and the capacity of key institutions.136 The wider social-political context may influence several of the conditions discussed above. For instance, the balance of power between disputing parties will be directly affected by social-political context. The social, political and economic resources of each disputant will be determined by this context as will the role played by other influential actors, such as state agencies. Where, for instance, protests against polluting activities are regularly repressed by the state, or where civil society is weak and disorganised it may be difficult to achieve an equitable balance of power. Similarly, the presence or absence of a better alternative to a negotiated agreement (BATNA) may be largely determined by the wider social-political context. For instance, the potential sanction of judicial or administrative enforcement of environmental law will only exist where the administrative apparatus to support such enforcement is functioning effectively. Thus our analysis of environmental mediation in subsequent chapters must be cognizant of the impact of this wider social-political context on the process and outcome of mediation.