Potential application of mediation to land use conflicts in small-scale mining

Small-scale or artisanal mining is a poverty-driven activity found mainly in remote areas of developing nations. It routinely generates land use conflicts with other stakeholders, primarily large mining companies. The scale of these disputes (occasionally involving armed conflict) is usually sufficient to have significant adverse impacts on the natural environment and the local population. After describing the small-scale mining sector, this paper outlines the characteristics, causes and costs of the land use conflicts with which this activity is often associated. It then discusses some of the more common initiatives that have been taken, primarily by mining companies, to attempt to manage these disputes. Since these approaches are incapable of fully reconciling the range of stakeholder’s interests involved in these conflicts, mediation is proposed as an effective mechanism to achieve their resolution. After an overview of mediation and its potential advantages, the need to apply this process to these disputes is established. Despite its advantages and considerable potential in this application, mediation is not a panacea for resolving all land use conflicts. Based on an extensive literature review, a set of 19 characteristics of disputes that may increase their amenability to mediation is compiled. By then demonstrating that small-scale mining disputes satisfy most of these criteria, the paper concludes that mediation has sufficient promise in this setting to warrant its experimental use.