Environmental Mediation and Facilitation in Italy: Theoretical Insights and Practical Experience on Non-Adjudicative Mechanisms and “Total Conflicts”

Severe environmental degradation and the current climate crisis are exacerbating a growing number of environmental conflicts worldwide. These types of disputes usually involve several stakeholders and, due to their complexity, often fail to be fully solved in traditional adjudicative loci, tribunals. This chapter investigates how alternative dispute resolution mechanisms – especially environmental mediation and facilitation – can be instrumental in addressing these types of “total conflicts”. After giving an overview on how ADR mechanisms have been recognised, regulated and implemented in Italy, the chapter discusses how environmental mediation can be critical in identifying practices that both preserve environmental quality and prevent the escalation of social conflicts. Finally, a case study on the restoration works on a canal is illustrated. The experience described allows the reader to better understand, practically, the followed procedure, but it also highlights how collective and constructive exchange can be useful in reaching better results.