Alternate Dispute Resolution (ADR)

Mediation and arbitration are becoming increasingly used to resolve issues in a potentially divisive dispute.  Lee andAssociates attorneys are experienced neutrals with years of experience facilitating/mediating disputes revolving around matters as disparate as injured natural resources, tribal matters, flood management and disposal of dredged material.  We have assisted government agencies, business interests, environmental groups and private landowners in reaching consensus in facilitated processes involving literally hundreds of stakeholders.  Lee and Associates can assist parties come to agreement and avoid the excessive cost of litigation. 

Services include:

• Simple and Complex Mediation

• Joint Fact-finding

• Facilitation

• Teaming Agreements

• Partnering

• Negotiations

• Early Neutral Evaluation

• Conciliation

Recent ADR Cases

Mediation of a "Fair Share" Allocation Between the Department of Corrections and City of Aberdeen. Mediated an agreement regarding the monetary amount for the Department of Corrections’ fair share of improvements in the City of Aberdeen’s secondary treatment plant associated with the hookup of a new prison. The written agreement allowed the parties to avoid the cost of arbitration and to assist in global resolution of variety of matters related to the community opposition to the prison. This mediation involved implementation under a settlement agreement lodged in Washington Superior Court and a contract between the parties.

Mediation for a Natural Resource Damage Assessment and Restoration Plan for the Central California Coast.  Facilitated and coordinated the development of a natural resource damage assessment and restoration plan in the aftermath of a coastal marine oil spill. Brought together twelve scientists, several representatives of federal and state resource agencies, scientific peer reviewers and agency attorneys. Assisted parties to reach consensus regarding a number of issues including 1) the scope and nature of studies to investigate injuries, 2) the proper interpretation of data collected in the injury determination and 3) an appropriate plan to restore injuries to seabirds affected by the oil spill. Numerous meetings were conducted as part of the facilitation process with 10 to about 40 scientists, resource managers and lawyers attending the meetings. Process resulted in an innovative restoration program that is one of five in the world of its kind and heralded a success in its first year of operation and was featured nationally on CNN.

Mediation Surrounding the Development of a Flood Damage Control Plan in Skagit County.  To achieve an effective, acceptable flood damage control plan in Skagit County, Washington, convened a group of tribes, dike districts, agencies, local businesses, farmers, members of the public and other diverse stakeholders. Successfully forged an agreement among the diverse stakeholders on a creative, collaborative flood-reduction risk management plan. Conducted interviews of key individuals to identify areas in common among stakeholders and note disparate concerns, interests and positions. Assisted in the selection of members for the Working Group, to develop a strategy for the Advisory Committee process and to facilitate each Working Group Meeting. Worked with county representatives to design a process for informing the public about the progress on the project. Convened, facilitated and provided logistical support for the public meetings. Brought the Working Group to consensus regarding the appropriate alternatives to evaluate for an environmental impact statement for the plan.

Multi-Party Mediation for the Selection of Disposal Sites for Columbia River Dredged Material.   Mediated a process related to the selection of offshore dredge disposal sites for materials resulting from maintenance, dredging and channel deepening activities on the Columbia River. Mediation built consensus regarding impacts to fish populations threatened by turbidity changes associated with dredging. Participants included federal, state and local interests including the Army Corps of Engineers (the Corps), US Environmental Protection Agency (US EPA), US Fish and Wildlife Service (FWS), National Oceanic and Atmospheric Administration (NOAA), Washington and Oregon State environmental agencies and local port authorities.

Multi-party Mediation for Columbia River Ecosystem Restoration Planning. Mediated a multi-agency ecosystem restoration planning effort on the Columbia River. During the process, the parties came to consensus regarding the requirements to restore both aquatic and terrestrial habitats including those of native fish populations in the Lower Columbia River. Brought the groups to consensus regarding the identification of restoration options, locations and studies necessary prior to implementation. Participants included federal, state and local interests including the Corps, US EPA, FWS, NOAA, Washington and Oregon State environmental agencies, local port authorities and representatives of the Congressional delegation.

Mediation to Address Potential Changes in Salinity Concentrations and Related Biological Communities in the Columbia River Estuary.  Project involved representatives from NOAA, US EPA, FWS, Oregon and Washington State resource agencies, biology and river hydrology consultants and members of the public. Goal of the mediation was to reach consensus with the resource agencies on the potential changes in salinity concentrations and related biological communities in the Columbia River Estuary that could result from deepening of the navigation channel. Reviewed published reports on salinity and benthic resources, salinity intrusion and ESA compliance in the Columbia River Estuary and in other bays around the country. Facilitated discussions on river hydrodynamics and potential changes in salinity at specific river miles as a result of proposed navigation dredging. Discussions focused on potential impacts to biological communities in the estuary including impacts to threatened and endangered species. Interagency group reached consensus on all key topic areas including the predicted salinity changes in the river and biological impacts that would result from the proposed navigation channel deepening.

Interagency Partnering Workshop.  Facilitated a workshop for the purpose of promoting collaborative interagency relationships between the Washington State Department of Ecology and Seattle Public Utilities. Workshop design included the transfer of advice regarding methods for continued collaboration and techniques for facilitating multi-issue discussions. Facilitated discussions and addressed the potential for increasing productivity and coordination of agency personnel in three key areas: regional solid waste planning; water resource including habitat and ESA issues; and water quality including issues pertaining to combined sewer overflows and the contamination of marine and freshwater sediments. Facilitated a subgroup addressing a 10-year-old permit disagreement; facilitation resulted in resolution of the disagreement and issuance of a permit.

Multi-Party Mediation to Address Navigation Problems in Columbia River. Mediation was designed and conducted to address consensus regarding navigational difficulties experienced by the Columbia River Pilots in certain stretches of the Columbia River. Mediation discussion included problem clarification, exploration of alternatives to improve navigation in the stretch and identification of additional information that would form the basis of studies to better define and resolve the problems. All parties resolved their differences and misunderstandings and reached agreement on all key issues.

Facilitation In the Context of the Development of Damage Assessment In the San Francisco Bay Delta Estuary.  Coordinated and facilitated meetings attended by representatives of local, state and federal parties who were co-plaintiffs in a natural resource damage lawsuit. Assisted the group in developing a plan to assess natural resource injuries from an oil spill, to reach consensus regarding injuries caused by the spill and to develop plans to mitigate the effects of the spill and restore the injuries to the ecosystem. The group resolved issues regarding the appropriate methodologies to study potential impacts to endangered species.  Group reached consensus on the projects that were the most appropriate to restore injured resources. Despite the different missions and interests of the participants, the plaintiff group reached consensus regarding the injuries to the resource, the value of the damages related to the injuries and the projects that should be undertaken with settlement funds. Structure that was created in the consensus-building process has been followed by the federal and state trustees and the restoration plan developed has been achieved with positive public acclaim.

Facilitation of the Presidio Transfer. Goal of this project was to develop a vision of the future for the Presidio through the effective transfer of the Presidio from the Army to the National Park Service and from the National Park Service to the Presidio Trust. Worked closely with the military officers in charge of the Presidio as well as members of Congress, the White House, the Office of Management and Budget, high-level State of California and city officials, and senior business leaders to identify and develop positive alternatives for meeting the goal of the transfer. Conducted negotiations among these parties to determine interests and formulate resolutions to be adopted in the framework of the transfer agreements. Assisted in the drafting of legislation establishing the Presidio Trust which was adopted by Congress. Negotiated and drafted the transfer agreements between the parties.