Authored by - Francis Ojok, Founder and CEO of the DC Mediation & Dispute Resolution Institute
I. Introduction
Climate change is no longer an abstract concern for the distant future; it is a present reality, impacting societies globally with increasing frequency and intensity[i], from wildfires ravaging entire regions to devastating floods, droughts, and unpredictable weather patterns. Communities around the world are witnessing the physical toll of climate change firsthand[ii]. Alongside the mounting environmental toll, an equally pressing issue has emerged: public trust in governments, institutions, and global leaders to effectively manage the crisis is eroding.
Public trust is the foundation of social cohesion and collective action. When people believe that their leaders, institutions, and communities are capable of managing large-scale challenges such as climate change, they are more likely to participate in collective efforts and comply with necessary measures. However, recent years have seen a breakdown in this trust, fueled by inaction, misinformation, political polarization, and failure to deliver timely and effective solutions. This has led to paralysis, inaction, and even outright denial in many communities.
Amid this complexity, a crucial question emerges: "How can we rebuild trust in the face of intensifying climate conversations? And more importantly, how can professionals within the dispute resolution field contribute to rebuilding this trust? With their skills in mediation, negotiation, consensus building, and collaborative problem-solving, dispute resolution professionals are uniquely positioned to bridge divides, foster productive dialogue, and guide stakeholders toward mutually beneficial solutions. This newsletter seeks to explore these questions and provides a pathway for dispute resolution professionals to engage meaningfully in climate change mitigation and adaptation efforts.
II. Understanding the Erosion of Public Trust
Before considering how trust can be rebuilt, it’s essential to understand the reasons behind its erosion. Public skepticism toward institutions and authorities managing the climate crisis stems from several factors, including:
a) Perceived Inaction[iii]: Many people feel that governments and corporations are neither doing enough nor acting swiftly enough to address the escalating threat of climate change. This sentiment is compounded by the slow pace of international climate negotiations and national policy changes, often seen as insufficient in the face of urgent environmental challenges.
b) Misinformation and Polarization: The rise of misinformation, especially on social media platforms, has muddied the waters of public understanding about climate change[iv]. Deniers frequently challenge climate science, and conflicting information makes it difficult for people to trust experts and leaders. Political polarization exacerbates this issue, as climate change is framed as a divisive issue rather than a collective concern that transcends political affiliations[v].
c) Failure to Address Community Needs: Top-down approaches to climate change policy often fail to incorporate the needs, concerns, and perspectives of local communities, particularly marginalized populations who are disproportionately affected by climate disasters[vi]. This disconnect between decision-makers and the public leads to feelings of exclusion and disempowerment.
d) Economic Disparities: The financial burden of climate adaptation and mitigation strategies often falls on communities least equipped to bear the costs[vii]. When people perceive that climate policies disproportionately favor the wealthy or leave vulnerable populations behind, trust in the process diminishes.
e) Global vs. Local Tensions: Climate change is a global issue that demands coordinated international action, yet the solutions must be customized to meet the specific needs of local communities. The gap between global agreements and local realities often undermines public confidence in the effectiveness of international treaties, such as the Paris Agreement, which has been ratified by nearly 200 countries[viii]. This agreement seeks to enhance climate action ambitions by promoting sustainable development and safeguarding environmental integrity. However, its broad goals—based on principles like equity and common but differentiated responsibilities—can struggle to translate effectively into local contexts.
While wealthier nations are expected to shoulder a more significant share of the burden due to their historical emissions, the reality is complex. For example, the top three greenhouse gas emitters—China, the United States, and India—contribute 42.6% of global emissions, whereas the bottom 100 countries account for just 2.9%[ix]. Yet, local communities, particularly those whose economies rely on carbon-intensive industries, may resist global policies that threaten livelihoods. Political will also varies widely, with some local and even regional governments championing climate action while others prioritize immediate economic or social concerns over long-term environmental goals[x].
To bridge these gaps, we need flexible frameworks that not only set global targets but also account for local realities, ensuring fair participation and addressing the unique challenges of each region. By integrating global ambitions with local action, we can rebuild public trust and create more effective, inclusive climate strategies.
III. The Role of Mediation and Dispute Resolution
In the face of these challenges, mediation and Alternative Dispute Resolution (ADR) offer promising tools for rebuilding public trust. Mediation is inherently collaborative, allowing dialogue between parties with divergent views and interests. It provides a platform for stakeholders to voice their concerns and interests, understand opposing perspectives, and work together toward common goals. The skills of mediators—active listening, empathy, facilitation, and impartiality—are invaluable in navigating the complex web of climate change disputes. Here's how mediation and dispute resolution professionals can contribute to rebuilding trust.
Creating Inclusive Dialogue
Public trust cannot be rebuilt without genuine engagement from all stakeholders, especially those who have been historically marginalized in climate decision-making processes. Dispute resolution professionals can create safe spaces for inclusive dialogue by establishing ground rules for respectful communication, addressing power imbalances, and using neutral language. Foster an emotionally safe environment that allows for expressing, acknowledging, and validating feelings and emotions, encouraging empathy through exercises like perspective-taking, and ensuring diverse representation in discussions.
Neutral facilitation is essential to maintain balance, alongside cultural sensitivity and active listening, to validate participants’ experiences. Guaranteeing confidentiality helps build trust, enabling more vulnerable and meaningful conversations that promote understanding and reconciliation. This inclusivity builds a sense of ownership over solutions, which, in turn, enhances trust.
Fostering Transparency
One of the core reasons public trust has eroded is a lack of transparency in climate negotiations and decision-making processes. Mediators can help foster transparency by ensuring that information is shared openly and that decisions are made with input from all relevant stakeholders. This transparency helps dispel feelings of mistrust and suspicion.
Building Consensus on Local Climate Action
While global agreements are essential, local communities often bear the brunt of climate impacts and are best positioned to implement adaptation measures. Mediators can work within communities to build consensus on local climate action by facilitating open dialogues among diverse community stakeholders, including residents, businesses, and government officials. Furthermore, by creating a safe and inclusive space for discussion, mediators can help identify shared values and common goals related to climate issues while addressing conflicting interests. Also, through structured conversations and collaborative problem-solving techniques, mediators enable participants to explore innovative solutions, build trust, and strengthen community ties. Hence, it enhances understanding of climate challenges and empowers communities to develop actionable, consensus-driven strategies that reflect their unique needs and aspirations by facilitating agreements between local governments, residents, businesses, and other stakeholders on addressing climate challenges specific to their region.
Addressing Misinformation
Dispute resolution professionals can play a crucial role in combating misinformation by fostering fact-based discussions and helping stakeholders differentiate between scientifically grounded climate data and false information. Through mediation, parties can come to a shared understanding of the facts, which is crucial to rebuilding trust in science and expert opinion.
Promoting Restorative Justice
In many communities, climate change has exacerbated existing social and economic inequalities. Mediation can integrate restorative justice approaches, providing pathways for communities to seek redress and reconciliation for historical harms caused by environmental degradation. Acknowledging past wrongs is often a crucial first step in healing and moving forward collectively.
IV. Case Studies: Mediation in Climate-Related Disputes
Coastal Communities and Rising Sea Levels
In coastal regions threatened by rising sea levels, disputes over land use, development, and relocation have become increasingly common. One notable example is the mediation process initiated in New Zealand, where Indigenous Māori communities facing displacement due to rising seas have engaged in mediation with government officials[xi]. The process helped ensure that community concerns regarding cultural heritage and land rights were integrated into relocation and adaptation plans, fostering greater trust between the government and the affected populations.
Forest Management in the Amazon
In the Amazon rainforest, disputes over deforestation and land rights have escalated between Indigenous communities (they make up 5% of the global population and protect 80% of Earth’s remaining biodiversity[xii]), corporations, and governments. Mediation efforts in Brazil have successfully brought together these stakeholders to negotiate sustainable forest management practices, balancing economic interests with environmental preservation and the rights of Indigenous peoples[xiii]. The process not only resulted in tangible agreements but also strengthened relationships between the communities and the government.
Challenges and Opportunities for Dispute Resolution Professionals
While the role of mediation in rebuilding public trust is promising, it is not without challenges. Dispute resolution professionals must navigate the complexities of climate science, legal frameworks, and the deep-rooted fears and frustrations of stakeholders. Building trust requires patience, cultural competence, and the ability to manage the expectations of all parties involved.
Opportunities for dispute resolution professionals in this field are growing, particularly as more governments and organizations recognize the value of mediation in addressing climate-related disputes. There is also increasing demand for mediators who can work in multidisciplinary teams alongside scientists, policymakers, and community leaders to craft comprehensive solutions that address both the technical and social aspects of climate change.
V. Conclusion: A Call to Action
As the climate crisis deepens, so does the need for innovative approaches to rebuilding public trust and fostering cooperation. Dispute resolution professionals have a unique and critical role to play in this process. By leveraging their skills in mediation, negotiation, and collaboration, they can help bridge the divides between stakeholders, promote transparency, and create inclusive spaces for dialogue.
The time for action is now. Rebuilding public trust in the face of climate change will require a collective effort from governments, communities, and professionals across various sectors. Dispute resolution professionals are well-positioned to lead this effort, guiding stakeholders through complex conversations and toward sustainable, equitable solutions. The question is no longer whether we can rebuild trust—but how we will do it together.
[i] The Intergovernmental Panel on Climate Change, Climate change widespread, rapid, and intensifying , https://www.ipcc.ch/2021/08/09/ar6-wg1-20210809-pr/
[ii] Emily J. Judd et al., A 485-million-year history of Earth’ssurface temperature, ScienceVolume 385, Issue 6715https://www.science.org/doi/epdf/10.1126/science.adk3705
[iii] Seth Borenstein, In NYC and elsewhere, climate protesters say pace of change isn't fast enough, AP News (Sept. 20, 2024), https://apnews.com/article/climate-protests-change-united-nations-climate-week-3c944a1d05d5bb4415c6b811bddc48b9
[iv] Jeff Turrentine, Climate Misinformation on Social Media Is Undermining Climate Action, (Apr. 19, 2022), https://www.nrdc.org/stories/climate-misinformation-social-media-undermining-climate-action.
[v] US Partisan Polarization on Climate Change: Can Stalemate Give Way to Opportunity? | PS: Political Science & Politics, Cambridge Core (Sept. 7, 2023), https://www.cambridge.org/core/journals/ps-political-science-and-politics/article/us-partisan-polarization-on-climate-change-can-stalemate-give-way-to-opportunity/2666C4C08C3A5456B3001240B882C48D.
[vi] Do Carbon Markets have a place in an equitable future | #SkollWF 2023 YouTube, https://www.youtube.com/watch?v=4cHoqyvIM7I.
[vii] Mitigation and Adaptation, MIT Climate Portal https://climate.mit.edu/explainers/mitigation-and-adaptation.
[viii] Article 6, Paris Agreement, https://unfccc.int/files/meetings/paris_nov_2015/application/pdf/paris_agreement_english_.pdf.
[ix] This Interactive Chart Shows Changes in the World's Top 10 Emitters, World Resources Institute (Apr. 11, 2017), https://www.wri.org/insights/interactive-chart-shows-changes-worlds-top-10-emitters.
[x] Gordon Corera, Climate change will bring global tension, US intelligence report says, (Oct. 21, 2021), https://www.bbc.com/news/science-environment-59004088.
[xi] Webster, K., & Cheyne, C., Creating Treaty-based local governance in New Zealand: Māori and Pākehā views, (2017), Kōtuitui: New Zealand Journal of Social Sciences Online, 12(2), 146–164. https://doi.org/10.1080/1177083X.2017.1345766
[xii] Douglas Broom & Madeleine North, 5 ways Indigenous people are protecting the planet, World Economic Forum (Aug. 7, 2023), https://www.weforum.org/agenda/2023/08/indigenous-people-protecting-planet/.
[xiii] Olivia Klein, Harvard Dispute Systems Design Clinic contributes to the development of novel mediation approach in Brazil, Harvard Law School (Nov. 21, 2023), https://hls.harvard.edu/today/harvard-dispute-systems-design-clinic-contributes-to-the-development-of-novel-mediation-approach-in-brazil/
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