Form and procedure for conciliation in administrative cases concerning the environment

Abstract

The research toward forms and procedures for mediation in environmental administrative cases aims to study problems, obstacles and find out forms and procedures as well as proving guidelines for development and improvements of mediation procedures in environmental administrative cases. This was qualitative study and research from administrative laws, textbooks, academic articles, academic texts, research papers and information related to administrative dispute mediation and in-depth interviews were employed to collect data.

It found that the problems and obstacles for mediation in environmental administrative cases were complex, unique and long length of trail in environmental administrative cases. While mediation in environmental administrative cases is shorter trial but it has not been widely appeared. Moreover, specialist is insufficient to conduct as mediators in environmental administrative cases. For forms and procedures for mediation in environmental administrative cases, a mediator must be appointed with satisfaction and consent by both parties. The mediator must not be affiliated with either party. The mediation period will start from the first date of mediation but it must not exceed 90 days and withdrawing can conduct at any time. In case of urgency or necessity, parties can authorize someone to participate in the mediation but the parties must obey consequence of such mediation. The mediator does not have the power to make decisions on behalf of the parties.  The parties will make the decision by themselves. The judge will be issued the orders according to the decision of both parties.Moreover, guidelines for development or improvement should be broadly principle in the formalities of the mediation process. At the same time, mediation should be conducted by electronic forms. In this regard, successful disputes from mediation should be employed as a model for litigation in order to create incentives for other parties to consider entering into the process of mediation.