Resolving Complex Environmental Disputes
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The parties agreed to the following goals: (1) share their independent, on-site investigation results; (2) jointly share the costs of investigating the off-site “regional” groundwater contamination plume; (3) agree on the most effective and least costly remedial approach; and then (4) prepare a joint remedial action plan for agency approval.
In the mediation, as the parties shared investigation results, they bid out the remedial work to a single contractor who would perform the work specified in the approved work plan on behalf of all parties. With that “all in” price in hand, the parties could reliably allocate future remediation costs. Accordingly, the settlement was not based on a “battle of the experts.” This facilitated the parties’ agreements to final, “cash out” settlements with full releases and maximum contractual protection against future litigation among the settling parties.
What did this alternative dispute resolution process achieve?
It resulted in an informed settlement based on the true costs cleanup and a fair division of those costs among the parties. It facilitated agreement on reliable and final payments with full releases and maximum contractual protection.
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