A mediation agreement is reached and incase of further disputes the contractual agreement is produced in the court of law. Concilitation is another technique that can be used in this case where all the stakeholders agree to direct their grievances to an environmental expert and a professional conciliator. The conciliator who meets the stakeholders differently to cool the tensions and suspicions thus averting bad perceptions and feelings that the always go to ‘square one’ whenever they meet as stakeholders. The conciliator does not hold any legal authority but prevents any court applications by stakeholders hence, averting any difficulties (Mihai, 2012). Arbitration technique can be used where all the interested parties will be subjected to rule of law and observe the public order.
Hence, the process is based on the will of all stakeholders in the island. When the agreement is reached, an arbitration clause is registered, and the agreement becomes a consensual contract (Mihai, 2012). IBLA will act as the arbiter in the matter as it is the mandated body to hear the appeals from the local resident by the federal government. Negotiations is a technique that can be used where all the stakeholders in Island are involved in direct engagement.
Negotiation can be the simplest and fastest method of ADR but in this case it failed due to mistrusts and lack of communication skills. Recommendation Mediation is the best technique to be used is solving the impulse between the stakeholders. Community mediation allows the problem-solving technique by allowing the autonomy of the conflictual stakeholders ideas, recognition mutually and encourages the stakeholders empowerment (Dennis J. D. Sandole, 2009). This is because both simple negotiations and conciliatory have failed due to lack of trust and communications skills, thus the mediator will come hardy in that he will collect data, listens to all stakeholders, identify the important issues, cater for special interests for minority and help in developing settlement options (Dennis J.
D. Sandole, 2009). The mediation is a shift in grievance process in that is a positive move in resolving the issues in the island in a less costly with more effective decision-making process for all the stakeholders, parties and the mediator (DONNA MARIA BLANCERO, 2010). The mediator will diminish the tension of interest’s conflicts arising from different stakeholders, by identifying the concrete methods of abiding in the obligations of the agreement and even seeking the opinion of the expert on environment, economic-tourist specialist and real estate developer or construction engineer.
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