Thesis Proposals Conference, 09'Feb'2001

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Thesis Proposals Conference, 09.Feb.2001 Welcome
Benefits and Limits of Environmental Mediation
in Germany A Case Study
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Benefits and Limits of Environmental Mediation
in Germany A Case Study
Overview Background and motivation for the
study Research issues Methodology Findings
Conclusion Discussion
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Benefits and Limits of Environmental Mediation
in Germany A Case Study
Background and motivation for the
study Environmental disputes end up in
court Increasingly difficult to make or
implement decisions Frankfurt airport extension
(1984 / 1998) Mediation prompts procedural
justice, spatial/social equity The mediation
is over, the quarrelling starts
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Benefits and Limits of Environmental Mediation
in Germany A Case Study
Research Issues Was the mediation a success?
Mediation as an idealistic concept How to
increase successful mediation in
Germany? Mediation in the German context
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Benefits and Limits of Environmental Mediation
in Germany A Case Study
Methodology Internet-publications / wide
spectrum of opinions Translate/paraphrase
quotations Qualitative text analysis
Problem trust is a crucial element of
mediation ? procedural problems within the
mediation group are not published.
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The Case / facts

• Frankfurt airport is the 2nd largest airport in
  Europe
• Located in the middle of the prosperouse
  Rhein-Main Region, Germany
• Owned by the federal Land Hesse (45), city of
  Frankfurt (29) and the Federal
• Republic of Germany (26)
• In 1999 439.093 airplane movements in 2015
  660.000 (with new runaway)
• For the extension the adjacent has to be
  clear-cut trees
• With the new runaway 362.000 people (142.000)
  would be affected by noise
• Environmentalists are concerned about its
  environmentalists
• Proponents emphasize the economic importance of
  the airport for the whole region
• At Prime Minister Eichels suggestion a
  commission defined the task for the mediation
• The mediation ended in January 2000 (21
  representatives 3 mediators)
• The mediation result (a package) must be treated
  as a unit and contains five points
• Optimizing the existing System
• Expansion throughout a new runway (3
  alternatives proposed)
• Ban on night flights
• Anti-noise-pact
• Regional dialogue forum

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Findings and Results -Was the mediation a
success?-
Criteria
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Findings and Results -Was the mediation a
success?-
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Benefits and Limits of Environmental Mediation
in Germany A Case Study
Conclusion The findings above show that in this
particular case the prerequisite of mediation
process were not fulfilled. A win-win-situation
for all stakeholders was not possible Politicians
initially reduced the openness of the process and
the possible results. It is doubtful that the
mediation process was the least costly method to
settle the dispute. It is controversial if the
mediation provide the highest joint benefit.

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Benefits and Limits of Environmental Mediation
in Germany A Case Study
The broader, German specific context Culture of
conflict and scope of compromise If possible a
German demands his rights Increasing number of
conflicts brought to the Federal Constitutional
Court Political Culture Contradicting to the
desire of participation there is a mentality of
total service through the state and poor social
solidarity Poor response to the internet
discussion forum of the mediation group Lively
discussions on the opposition groups internet
forum
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The broader, German specific context
Self-conception of the state Consistent with poor
tradition of participation, there is a
hierarchical self-concept of the state. The state
claims sole responsibility for societal welfare.
Only the state is capable and legitimated to
balance societal interests The mediation process
has absolutely no legal meaning The unreadiness
to negotiate/ attitude to financial
compensation A compromise is still primarily
interpreted as the abandonment of a position and
therefore infamous. Accepting a financial
compensation is not only the abandonment of a
position, much worse it is sold against money and
not acceptable on moral grounds. In the airport
case environmental groups refused to participate
because of that.
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Benefits and Limits of Environmental Mediation
in Germany A Case Study
Conclusion following changes could make
mediation in Germany more successful.
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Benefits and Limits of Environmental Mediation
in Germany A Case Study
Thank you very much for your attention. Time
for Question Discussion