Using ADR Principles to Resolve Environmental Disputes: How Mediated Settlements Have Helped Struggling CERCLA Survive

The goal of this article is to show that the use of Alternative Dispute Resolution ( ADR ) principles has made the remediation of numerous hazardous waste sites possible, and has thus enabled the struggling program to continue benefiting Americans everywhere. First, this article provides background information regarding the enactment of the Comprehensive Environmental Clean-up and Liability Act ( CERCLA ) and its successor, the Superfund Amendments Reauthorization Act ( SARA ). Second, it explains why using ADR principles, instead of litigation, are vital methods of resolving CERCLA disputes. Third, three examples of major Superfund sites that were successfully cleaned up due to the use of mediated settlements and other ADR principles are discussed. Finally, this article discusses the specific ways in which mediated settlements are helping to fund remediation and reduce costs to the parties involved