Originally from Navigating Maritime Arbitration: The Experts Speak

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Alternative Dispute Resolution (ADR)1 is often used in land-based pollution cases involving the release of hazardous substances, but is seldom if ever employed to resolve environmental damage claims arising from the accidental discharge of oil from ships. This paper will examine some of the general problems associated with the use of ADR to address natural resource damage claims, as well as the potential advantages of ADR – especially arbitration and mediation - in achieving a prompt and fair resolution of such claims in ship-source pollution cases.