ADR and the BP Gulf Claims Facility
Using ADR to Compensate Victims of Environmental Catastrophes In my Environmental Dispute Resolution course, I devote one class to a discussion of the claims facilities used in the 9/11 terrorist attacks and the BP Gulf Coast oil spill disaster. The facilities attempted to handle the inevitable claims arising from these traumatic events in an organized way that allowed expeditious handling of the claims outside of litigation. Both adopted a form of arbitration. If well designed, these facilities could also enhance procedural justice for claimants -- voice, careful consideration of the facts by the neutral, impartiality by the neutral, and respectful and dignified treatment of claimants. Updating the Story An article in The New York Times today updates the status of the Gulf Coast claims facility. The Times describes the spill this way: The oil rig fire and the nearly unstoppable fountain of o...