Environmental mediation: an instrument for collaborative decision making in territorial planing

Authors

  • Ursula Caser MEDIATEDOMAIN, Lda.
  • Cátia Marques Cebola Assistant Professor, Polytechnic Institute of Leiria in Portugal

DOI:

https://doi.org/10.18055/Finis6969

Keywords:

Conflict, mediation, land use, territorial planning, mediation law (Law Nº29/2013, of April 19th)

Abstract

Environmental Mediation allows, besides formal participation, true collaborative decision making as well as prevention and resolution of conflicts. This paper analyses the advantages of mediation applied in environmental and territorial planning conflicts (Mediação Ambiental e Sócio‑Territorial– MAST ) following the requirements of the Portuguese Mediation Law Nº29/2013, of April 19th. It aims to understand if this legal basis prevents or encourages a more intense and efficient use of Environmental Mediation in land use planning as a means within public policy.

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Author Biographies

Ursula Caser, MEDIATEDOMAIN, Lda.

Born in Oberstdorf, Germany, Ms. Caser's basic profession is that of a Physical Geographer. Since 2000 she has held a Master Degree as a Mediator from the European Master in Mediation. She is a specialist for intercultural dimensions and communication and an experienced trainer and coach in the field of designing and conducting institutional, organizational and individual trainings and intercultural awareness coaching programs since 2007.

Her other areas of work focus on community mediation, public dialogue, consensus building and mediation in complex planning and decision making processes (public service, academic field, schools, enterprises), facilitation and moderation of meetings and public participation processes (more than 300 workshops done), training and lecturing (facilitation techniques, conflict management, general and multiparty mediation). Ms. Caser also works an official conflict mediator (accreditation by the Portuguese Ministry of Justice) for the Julgados de Paz of Cascais, Lisbon, Sintra, Seixal and Odivelas. She holds accreditations by CEDR – Center of Effective Dispute Resolution; IMI – International Mediation Institute in the Hague;  and is a member of the Board of Examiners of the Master in Mediation by the FernUniversität in Hagen.

She is:  a member Mediation Roster for the Organization for Security and Cooperation ("OSCE"); certified as an EPOMM-Trainer; a  delegate for Portugal to the board of EMNI – European Mediation Network Initiative (on behalf of the Portuguese National Federation of Conflict Mediators);  and,  a scientific supervisor of the project iMediar – Mediation with immigrants in intercultural contexts.

She has extensive national and international experience as a lectured in the languages of Portuguese, German, English, and Spanish and French. She has a basic knowledge of Russian.

Her most recent publications are:

- CASER, U., ANNUNZIATA. S. & MAKARENKO, A. (2013): Collaborative urban design, a promising approach to brownfield recovery – FRUNZE 35, Kiev UA..- in: Revista de Geografia e Ordenamento do Territorio (GOT), n.o 4, p. 7-29, Lisboa

- CASER, U. & VASCONCELOS, L. (2013): Mediation – How to promote better Decision in Spatial Planning – 1st International Meeting – Geography & Politics, Policies and Planning; 3.-5.3.2013, Publicações Electrónicas nº 1; p. 157-166; Porto

- CEBOLA, C. M-, CASER, U. & VASCONCELOS, L. (2014): La confidencialidade en Mediación Ambiental – su Aplicación al Projecto MARGov en Portugal.- in: La Trama, Revista Interdisciplinaria de Mediación y Resolución de Conflictos; nº 41, 23 p.; Buenos Aires

Cátia Marques Cebola, Assistant Professor, Polytechnic Institute of Leiria in Portugal

Cátia Marques Cebola is an Assistant Professor, teaching Alternative Dispute Resolution and Civil Law, at the Polytechnic Institute of Leiria in Portugal.

She carried out her doctoral work at the University of Salamanca, Spain and defended her thesis on the theme Mediation – a complementary way to the Administration of Justice. She has a Graduation and a Master in Civil Law by the University of Coimbra, Portugal. In 2006 she took a Practical Course of Mediation approved by the Portuguese Ministry of Justice and attended the Harvard Mediation Program in 2010.

She is partner in the EMEDEU project financed by the EU (JUST/2013/JCIV/AG/4689) that aims to development of a prelegislative proposal for the improvement of the effective electronic mediation in cross-border civil and commercial matters at European level, laying the groundwork for future real application of the European rules about ODR and legal study and design of the European Code of Conduct for electronic mediators She is author of several studies and articles about mediation and arbitration. Her most recent publications are:

- La Mediación, Marcial Pons, Madrid, 2013, (ISBN - 978-84-15664-41-3).

- “A arbitragem em contexto ambiental e urbanístico”, in: A Arbitragem Administrativa e Tributária, Edit. Isabel Celeste Fonseca, 2ª ed., Almedina, 2013, pp. 13-36.

- “La Mediación Ambiental: un nuevo método de resolución de conflictos urbanísticos y ambientales”, in: Atas da VIII Conferência Internacional do Fórum Mundial de Mediação, Vol. I, 2012, pp. 175-188.

- “Mediação e Arbitragem de Conflitos de Consumo: panorama português”, in: Revista Luso-Brasileira de Direito do Consumo, Vol. II, nº 6, 2012, pp. 11-46.

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Published

2017-04-28

How to Cite

Caser, U., & Cebola, C. M. (2017). Environmental mediation: an instrument for collaborative decision making in territorial planing. Finisterra, 52(104). https://doi.org/10.18055/Finis6969

Issue

Vol. 52 No. 104 (2017)

Section

Commentary

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