Examples of How Mediation is Used in State
Agencies
Department
of Labor
Bureau of Worker's
Compensation
Department of Behavioral
and Developmental Services
Administrative
Office of the Courts
Department of Environmental Protection
Department
of Education
In some situations with the DEP, even after violators have
been notified of their alleged violations, further enforcement
action is necessary. This requires the negotiation of an Administrative
Consent Agreement. This is a voluntary method of settling
enforcement matters without the hassle of litigation.
There is no mediation process within the DEP for negotiating
Consent Agreements: in most instances, the DEP resolves the
issues itself through direct discussions with the alleged
violator. In some cases, however, the DEP may elect to bring
the dispute to District Court, at which point wither party
may request mediation or the Court may refer the dispute to
mediation. In the latter case, mediation is mandated. Both
groups must attend at least one mediation meeting and make
a good faith effort to reach an agreement. However, after
the first meeting, the mediation must cease upon the request
of either party.
38 M.R.S.A. Section 347-A(4)(E) provides for the use of Court
Alternative Dispute Resolution Service mediation when the
DEP and an alleged violator cannot agree to the terms of a
consent agreement.
Sources: Jim Beyer, Bangor Region Enforcement Coordinator,
Bureau of Land and Water Quality, Department of Environmental
Protection; Will Cook, Portland Region Enforcement Coordinator,
Bureau of Land and Water Quality, Department of Environmental
Protection; Mike Mullen, General Enforcement Coordinator,
Bureau of Land and Water Quality, Department of Environmental
Protection.
|
